The court ruled that habitual offender status and potential evidence tampering are significant factors in denying bail applications.

Order on Board

07.05.2025

1. This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 49/2024 registered at Police Station Keregaon, District - Dhamtari (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

2. The earlier first bail and second bail application of the applicant were rejected by this Court in MCRC No. 6230/2024 and MCRC No. 8791/2024, vide order dated 06.09.2024 and 16.12.2024 respectively on the ground of criminal antecedents. Hence, this third bail application.

3. Case of the prosecution, in brief, is that on 19.07.2024 the Police of Police Station Keregaon, District Tamarind received a secret information from the informant with the averment that three persons were carrying some contraband article Ganja, travelling from Sihawa to Tamarind on motorcycle and on the basis of said information the Police have seized 01.070 Kgs of Ganja from joint possession of the applicant and other accused persons. Therefore, the alleged offence has been registered against the present applicant.

4. Learned counsel for the applicant submits that the earlier first bail and second bail applications of the applicant were rejected by this Court in MCRC No. 6230/2024 and MCRC No. 8791/2024, vide order dated 06.09.2024 and 16.12.2024 respectively on the ground of criminal antecedents, therefore this third bail application is filed on the ground that since the seizure witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 19.07.2024, hence, he prays for releasing the applicant on regular bail.

5. On the other hand, learned State counsel opposes the bail application and submits that the earlier first bail and second bail application of the applicant were rejected by this Court in MCRC No. 6230/2024 and MCRC No. 8791/2024, vide order dated 06.09.2024 and 16.12.2024 respectively on the ground of criminal antecedents. He further submits that the applicant has a criminal antecedent under the NDPS Act, which is still pending and he is a habitual offender, as such, the bail application of the applicant is liable to be rejected.

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

7. Considering the above submissions made by the learned counsel for the parties, as the seizure witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence.

8. From perusal of the impugned orders, it transpires that the earlier first bail and second bail applications of the applicant were rejected by this Court in MCRC No. 6230/2024 and MCRC No. 8791/2024, vide order dated 06.09.2024 and 16.12.2024 respectively on the ground of criminal antecedents and further considering the fact that the applicant has one criminal antecedent under the NDPS Act, which is still pending, which shows that the applicant 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 is not a fit case to enlarge the applicant on regular bail. Accordingly, the third bail application of the applicant – Sayyed Sahil, filed under Section 483 of the BNSS , involved in Crime No. 49/2024 registered at Police Station Keregaon, District - Dhamtari (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act , 1985, is rejected.

9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance.