1 2026:CGHC:19685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2702 of 2026 Umesh Kumar Gupta S/o Bhola Prasad Aged About 40 Years R/o Village Koteya, Police Station Pratappur, District Surajpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Chowki Bariyo, Police Station Rajpur, District- Balrampur-Ramanujganj, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Leekesh Kumar, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 27/2026 registered at Chowki - Bariyo, Police Station - Rajpur, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station Rajpur, District- Balrampur-Ramanujganj (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 1.010 k.g. of Ganja from the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 possession of the present applicant. Thereafter, offence punishable under Section 20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the said contraband article has not been seized from the exclusive possession of the present applicant. He further submits that there is no material evidence available against the applicant which connects him with the commission of the crime. He also submits that the alleged recovered Ganja is much less than commercial quantity. He further submits that the present applicant has one criminal antecedent under the NDPS Act of the year 2021 which is pending, charge-sheet has been submitted before the competent Court and he is in jail since 04.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She submits that 1.010 k.g. of Ganja seized from the possession of the present applicant. She also submits that the applicant has 01 criminal antecedent in the similar nature which is pending, shows that the applicant is involved in such offences and is a habitual offender, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and further the fact that the contraband article i.e. 1.010 k.g. of Ganja seized from the possession of the present applicant and the applicant has 01 criminal antecedent under the NDPS Act which is pending, shows that the applicant is involved in such offences and 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 therein on the ground that the accused had previous antecedents, 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 the applicant – Umesh Kumar Gupta, involved in Crime No. 27/2026 registered at Chowki - Bariyo, Police Station - Rajpur, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan