SHRIMATI REHMAT KHAJA KHAN v. STATE OF CHHATTISGARH
MCRC/7598/2026 · 2026-08-16
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DailyLaw.ai
[ 2026 DAILYLAW 33608 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33608 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010315502026
2026:CGHC:36605
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7598 of 2026 Shrimati Rehmat Khaja Khan W/o Khaja Khan Aged About 29 Years R/o Naikwadhi Galli, P.S. Partur, District Jalan, Maharashtra (Correct Details And Address Mentioned)
... Applicant versus State of Chhattisgarh Through P.S. Komakhan, District Mahasamund Chhattisgarh
... Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate. For Non-Applicant(s) : Ms. Anusha Naik, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026
1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 8/26 registered at Police Station - Komakhan, District - Mahasamund (C.G.), for the o<ence punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The gist of the prosecution case is that, on 19.01.2026, the Police received secret information that two persons were transporting a prohibited substance. Thereafter, the concerned Police o=cials intercepted the vehicle and apprehended the co-accused persons, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.18 16:11:03 +0530
2 namely, Akshay Bhorje and Shubham Aaute, and found an Eicher truck bearing registration No. MH-20-IL-3969 in their possession, in which they were allegedly transporting ganja in 38 bags, each weighing 25 kg, making the total quantity approximately 950 kg. From the memorandum statements of the co-accused persons, it was revealed that the present applicant had allegedly paid an amount of approximately Rrs. 2,95,000/- to the co-accused persons and other co-accused persons for the purpose of purchasing ganja from Odisha. Thereafter, the concerned Police authorities, after completion of the investigation, 8led the charge-sheet before the competent Court. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the only alleged evidence against the present applicant is the memorandum statement of the co-accused, which is inadmissible in evidence to the extent it seeks to implicate the present applicant. He also submits that no contraband or other incriminating article has been seized from the present applicant, and she has been implicated solely on the basis of the memorandum statement of the co-accused.
The Police authorities have relied upon the CDR details, alleging that, prior to the commission of the o<ence, the present applicant, through mobile phone No. 8623825932, was in constant communication with the co-accused persons. However, there is no material on record to establish that the aforesaid mobile number belongs to or was being used by the present applicant. The said mobile number is shown in the name of “Rehmat Baji Khan”, whereas the name of the present applicant, as reFected in her Aadhaar Card, is “Rehmat Khan Khwaja Khan”. Further, no mobile phone has been seized from the present applicant to establish that she was using the aforesaid mobile number or that she had ordered the purchase of ganja. Thus, there is no
3 cogent material connecting the present applicant with the alleged o<ence, which clearly indicates that she has been falsely implicated in the present case and that the case is one of mistaken identity. He also submits that the present applicant has no criminal antecedents and she is in jail since 29.01.2026, conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been 8led in the present case before the competent Court. She further submits that a huge quantity of approximately 950 kg of ganja was recovered from the possession of the co-accused persons, namely, Akshay Bhorje and Shubham Aaute, who, in their memorandum statements, have implicated the present applicant by stating that she had paid approximately Rs. 2,95,000/- for procuring the said contraband from Odisha. She further submits that the applicant is directly connected with the transportation and procurement of the commercial quantity of ganja, indicating that the o<ence is part of an organized criminal activity. As such, the 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 facts and circumstances of the case, the nature and gravity of the o<ence, and the huge quantity of approximately 950 kg of ganja recovered from the possession of the co-accused persons, coupled with the allegation that the present applicant had paid approximately Rs. 2,95,000/- for procuring the said contraband from Odisha, I am of the considered view that the applicant is prima facie connected with the procurement and transportation of the commercial quantity of ganja. The allegations further indicate the involvement of the
4 applicant in an organized criminal activity. Therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant - Shrimati Rehmat Khaja Khan involved in Crime No. 8/26 registered at Police Station - Komakhan, District - Mahasamund (C.G.), for the o<ence punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O=ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice Abhishek