1 2026:CGHC:19879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3929 of 2026 Omprakash Bhadu S/o Ramji Bhadu Aged About 34 Years R/o Village Saadolai Post Gokul, Police Station Ranjitpura, Tahsil Kolait, Bikaner Rajshthan ... Applicant(s) versus State Of Chhattisgarh Through Police Station Sankra District- Kondagaon Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 51/2025, registered at Police Station-Keskal District-Kondagaon (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. As per the prosecution case, on 11.04.2025, the police seized a Fortuner car bearing registration No. RJ-50-UA-0788, from which KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 262.258 kg of ganja was recovered. However, the police could not trace the driver of the said vehicle. Subsequently, on 02.08.2025, the Cyber Cell of the police informed that a suspect vehicle bearing registration No. 24BH4706G, associated with mobile No. 9699374439, was proceeding towards Keskal. Acting upon the said information, the police intercepted the vehicle and apprehended the present applicant. During the search, a mobile phone bearing No. 9521395535 was seized from his possession, however, no contraband was recovered from the applicant or the said vehicle. Thereafter, a memorandum statement of the applicant was recorded by the police, on the basis of which he was implicated in the present case. Consequently, the applicant was arrested in connection with Crime No. 51/2025 registered at Police Station Keskal, District Kondagaon, for the offence punishable under Section 20(b) of the NDPS Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has no previous criminal antecedents and has no role to play in the alleged offence and was merely travelling on NH-30, where, due to a minor altercation with the police, he has been falsely roped into the case. It is also contended that no contraband has been seized from the possession of the applicant and that he has been implicated after a delay of about four months from the date of the alleged incident. He further submits that although the charge-sheet has been filed, the prosecution has not attributed any specific role to the applicant except on the basis of a memorandum statement, 3 which has no evidentiary value in law. It is also argued that the alleged vehicle bearing registration No. RJ-50-UA-0788 does not belong to the applicant, nor is he its owner or hirer. Moreover, as per the prosecution itself, the documents of the said vehicle were provided by an absconding accused who has not yet been arrested. It is further submitted that the applicant is in judicial custody since 20.08.2025, the trial is likely to take considerable time for its conclusion therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one criminal antecedent under the NDPS Act from the State of Madhya Pradesh, Bhopal, as such, the present applicant is a habitual offender and further the quantity of contraband article which has been recovered the vehicle in question, is much above the commercial quantity, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and the quantity of contraband article which was recovered from the vehicle in question i.e. 262.258 Kgs of Ganja and so far as the criminal antecedent of the applicant is concerned, he has one criminal antecedent under the NDPS Act from the State of Madhya Pradesh, Bhopal as such, the present applicant is a habitual 4 offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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. Accordingly, the bail application of applicant – Omprakash Bhadu, involved in Crime No. 51/2025, registered at Police Station-Keskal District-Kondagaon (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal