NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 5168 of 2024 Nishan Singh S/o Late Baljeet Singh Aged About 29 Years R/o Mankapur Saraya, Amanatkhan, District - Tarantaaran, Punjab.

---- Applicant Versus State of Chhattisgarh Through Station House Oicer, P.S. - Kumhari, Durg, District - Durg, Chhattisgarh.

---- Non-Applicant (Cause Title taken from Case Information System)

For Applicant : Mr. Akash Sahu, Advocate.

For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

23.07.2024

1. This is the irst bail application iled under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 69/2024 registered at Police Station Kumhari, District Durg (C.G.), for the ofence punishable under Section 22 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that Police of Police Station Kumhari, District Durg (C.G.) has received secret information from the informant and on the basis of the said information conducted a raid and seized 16 grams of heroin from the possession of the present applicant alongwith co-accused person, namely Satinder Singh. Thereafter, FIR was lodged against the present applicant and co-accused person.

3. Mr. Akash Sahu, learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 16 grams of heroin was not recovered from the joint possession of the present applicant alongwith co-accused person. He further submits that the present applicant is in jail since 18.03.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail.

4. Mr. Bharat Gulbani, learned Panel Lawyer opposes the bail application and submit that the charge-sheet has been iled in the present case before the competent Court. He further submits that the present applicant is having 01 criminal antecedent of similar nature of the year 2023 and he is a habitual ofender. As such, the present applicant is not entitled to be released on bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the fact that the applicant is having 01 criminal antecedent of similar nature of the year 2023 and he is a habitual ofender 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 is not a it case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Nishan Singh, iled under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023, involved in Crime No. 69/2024 registered at Police Station Kumhari, District Durg (C.G.), for the ofence punishable under Section 22 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.

7. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certiied copy of this order in accordance with law, if there is no legal impediment.

8. Oice is directed to send a certiied copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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Sd/-

(Ramesh Sinha)

Chief Justice Abhishek