1 2026:CGHC:19045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2653 of 2026 Bishnu Hati S/o Shri Kaenru Hati Aged About 29 Years R/o Ward No. 06 Nuapada, Kantabhanji, Police Station - Kantabhaji, District - Balangir (Odisha) (Applicant Details Correctly Mention As Per Adhar Card) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Kotwali, Distt.- Rajnandgaon (C.G.) ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.358/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.27 15:33:57 +0530 2 Kotwali, Distt.- Rajnandgaon (C.G.) for the offence punishable under Section 21(B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 13.07.2025 the Police of Police Station Kotwali received secret information that the co- accused is involved in the selling of contraband article near Railway Station. Based on the above information the Police raided the place of incident and arrested the present applicant while he was carrying contraband articles. Total 199 tablets were seized from the possession of the co-accused Neel Gidwani. During further investigation of the matter memorandum statements of the co-accused Neel Gidwani as well as other co-accused persons were recorded, whereby the involvement of the co-accused and present applicant was found in the present case, therefore offence under section 21 (B) of the NDPS act was registered against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and no contraband has been recovered from his conscious or exclusive possession, and the alleged seizure pertains only to co-accused persons. He would submit that the implication of the applicant is based solely on the memorandum statement of a co-accused. It is further submitted that similarly placed co-accused persons have already been granted bail, and the case of the present applicant stands on parity. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/07/2025 and 3 conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant has 12 criminal antecedents in the State of Odisha, out of which only 8 cases have been explained in para 4a of the bail application and rest of the four cases have not been explained. She would submit that, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that the present applicant belongs to Odisha and as per the instructions received by the learned State counsel, the applicant has 12 criminal antecedents in the State Odisha, out of which only 8 cases have been explained in para 4a of the bail application and from perusal of the para 4a it goes to show that the applicant is involved in various offences, as such, he is a habitual offender and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused 4 therein on the ground that the accused had previous antecedents, therefore this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant Bishnu Hati involved in Crime No.358/2025 registered at Police Station Kotwali, Distt.- Rajnandgaon (C.G.) for the offence punishable under Section 21(B) of NDPS Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri