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2026 DAILYLAW 28547 (CHH)

NAJJU KHAN v. STATE OF CHHATTISGARH

MCRC/6356/2026 · 2026-07-21

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Judgment text

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1 CGHC010271022026 2026:CGHC:31184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6356 of 2026 Najju Khan S/o Mahboob Khan Aged About 50 Years R/o Near Sunni Masjid, Talapara, District - Bilaspur C.G. ... Applicant versus State of Chhattisgarh Through- Station House Office, Police Station - Ratanpur, District - Bilaspur C.G. ... Non-Applicant For Applicant : Ms. Divya Sahu, Advocate. For Non-Applicant/State : Ms. Anusha Naik Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 560/2024 registered at Police Station - Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Earlier two bail applications of the applicant was dismissed on merits by this Court vide order dated 22.11.2024 and 15.01.2025 passed in MCRC Nos. 8078/2024 and 355/2025. 3. The prosecution story in brief, is that, on 24.08.2024, the Ratanpur police, acting on a tip from an informant, raided the site behind the Mahamaya PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 13:20:28 +0530 2 temple, near the cremation ground in Ratanpur. They seized 05 units of codeine-based Corex cough syrup from the pocket of accused Vaibhav Soni, 06 units from the pocket of accused Kaushal Baghel, and 05 units from the pocket of a juvenile in conflict with the law. A total of 16 units (each 100 ml) of Corex cough syrup, totaling 1600 ml (1600 grams), were seized. An FIR was registered under sections 21 and 22 of the NDPS Act, and the accused were arrested on 25.08.2024. During the investigation, the juvenile in conflict with the law revealed that he had purchased the cough syrup from accused Najju Khan. Consequently, Najju Khan was arrested on 21.10.2024, and the investigation is ongoing. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant's first and second bail applications were rejected on merits by this Court vide orders dated 22.11.2024 and 15.01.2025, respectively. She submits that the present third bail application has been filed on the ground of a subsequent change in circumstances, namely that the trial is presently in progress and has reached the stage of defence evidence. She further submits that the charge-sheet has already been filed and the applicant has been in judicial custody since 21.10.2024. Therefore, it is prayed that the applicant be enlarged on regular bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that earlier two bail applications were rejected on merits by this Court vide orders dated 22.11.2024 and 15.01.2025 and the trial is presently in progress and has reached the stage of defence evidence. Hence, this bail application 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 and the fact that the trial is presently in progress and has reached 3 the stage of defence evidence, further the trial is at verge of its completion, further the charge-sheet has already been filed and the applicant has been in jail since 21.10.2024 and the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Accordingly, the third bail application of the applicant- Najju Khan filed under Section 483 of BNSS, involved Crime No. 560/2024 registered at Police Station - Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of two months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. The office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti