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2026 DAILYLAW 31732 (CHH)

AAKIB KHAN v. STATE OF CHHATTISGARH

MCRC/7255/2026 · 2026-08-06

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Judgment text

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1 CGHC010287162026 2026:CGHC:34786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7255 of 2026 Aakib Khan S/o Mohammed Salim Khan Aged About 25 Years (Complete Name Not Mentioned In The Charge Sheet And In The Impugned Order), R/o Palsapara, Sindhi Colony (Wrongly Mentioned In The Impugned Order) P. S. City Kotwali, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through, Police Station Chhura, District Gariyabandh, (C.G.) ...Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.07 16:40:33 +0530 2 bail to the Applicant who has been arrested in connection with Crime No.175/2025 registered at Police Station – Chhura, District Gariyaband (C.G.), for the offences under Sections 20(b)(ii)(C) & 29 of NDPS Act. 2. Case of the prosecution, in brief, is that on 14.11.2025, the co-accused persons were found transporting 29.408 kilograms of contraband ganja in violation of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a Tavera car bearing registration No. CG-07/M-4128 for the purpose of illegal sale. During investigation, on the basis of the memorandum statements of co-accused Raju Rajak and Dilip Sahu, it surfaced that the present Applicant, a resident of Durg, had allegedly provided money to procure the contraband and had sent the co-accused to one Vasudev Manjhi of M. Rampur, Kalahandi, Odisha, for bringing the ganja. On the basis of the said memorandum statements, the present Applicant has been implicated as the principal conspirator and has been arraigned for the offences punishable under Sections 20(b)(ii)(C) read with Section 29 of the NDPS Act. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that no contraband was recovered from 3 the possession of the Applicant and the entire recovery, which is above commercial quantity, was effected from the co- accused persons. It is lastly submitted that the Applicant is in judicial custody since 28.11.2025 and as the trial is likely to take considerable time for its conclusion, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the present Applicant has two previous criminal antecedents, out of which he has been acquitted in Crime No.129/2024, whereas another case bearing Crime No.334/2025 under the NDPS Act is still pending trial, therefore, the Applicant is not entitled to be released on bail. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature and gravity of the allegations, the fact that though no contraband has been recovered from the possession of the Applicant, the contraband involved is of commercial quantity, the previous criminal antecedent of the Applicant and without further commenting anything on the merits of the case, this Court is not inclined to extend the benefit of regular bail to the Applicant. 6. Accordingly, the bail application of the applicant – Aakib 4 Khan involved in Crime No.175/2025 registered at Police Station – Chhura, District Gariyaband (C.G.), for the offences under Sections 20(b)(ii)(C) & 29 of NDPS Act is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya