Chattisgarh High Court
Chandni Banjare vs State Of Chhattisgarh on 18 June, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:25419
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4598 of 2025
Chandni Banjare D/o Prembai Banjare Aged About 23 Years R/o Civil Line
Simga, Police Station Simga, District Balodabazar-Bhatapara (C.G.).
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Police Station
Simga, District Balodabazar-Bhatapara (C.G.).
... Non-applicant
For Applicant : Mr. Rahul Agrawal, Advocate
For Res/State : Mr. Bharat Gulabani, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
18.06.2025
1. This is the first bail application filed 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. 18/2025
registered at Police Station- Simga, District- Balodabazar-Bhatapara
(C.G.), for the offence punishable under Section 21(B) of the Narcotic
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Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act").
2. The prosecution's case, in brief, is that on on 09.01.2025, on secret
information received from the informant, the police have recovered
Spasmo Proxyvon Plus 35 tablets and Nitrosun 50 tablets from the one
co-accused. Hence the offence under 21 B of the NDPS Act has been
registered against the present applicant and the co-accused person.
3. Learned counsel for the applicant submits that the present applicant
has been falsely implicated in this case. He would also submit that the
applicant is a lady and aged about 23 years of age and she is jail since
09.01.2025. 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. On the other hand, the learned Panel Lawyer opposes the bail
application and submits that the charge-sheet has been filed in the
present case before the competent Court. He further submits that the
present applicant has 03 criminal antecedents and out of three 2 are
under the similar nature, which shows that the present applicant is a
habitual offender. 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 has total 03 criminal
antecedents in which 2 are under the NDPS Act , which shows that the
present applicant is a habitual offender and also in light of the judgment
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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. Accordingly, the bail application of the applicant - Chandni
Banjare involved in Crime No. 18/2025 registered at Police Station-
Simga, District- Balodabazar-Bhatapara (C.G.), for the offence
punishable under Section 21(B) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 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 send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
-
Sd/-
(Ramesh Sinha)
Chief Justice
amita
AMITA Digitally signed by AMITA
DUBEY
DUBEY Date: 2025.06.21 15:56:49
+0530
