Extracted from the PDF above. The PDF is authoritative.
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CGHC010341932026
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8214 of 2026 1 - Gulaba Bai Mangeshkar W/o Late Janakram Aged About 45 Years R/o Gatapar School Mohalla, Police Station- Chilfi, District- Mungeli (C.G.) 2 - Amit Kumar Khande S/o Shri Lakhan Lal Khande Aged About 40 Years R/o Lamkena, Police Station- Kota, District - Bilaspur, (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Chilfi, District- Mungeli, (C.G.) ... Non-applicant
For Applicants : Mr. Ajay Ayachi, Advocate For Non-applicant : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 03/09/2026
1. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 24.06.2026 in connection with Crime No. 67/2026 registered at Police Station - Chilfi District - Mungeli (C.G.) for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.05 12:28:41 +0530
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2. Case of the prosecution, in brief, is that on 24.06.2026, Inspector Raghubir Lal Chandra, posted at Police Station Chilphi, received secret information that accused Gulaba Bai Mangeshkar and her associate Amit Kumar Khande were in possession of Ganja at the house of Gulaba Bai situated at Village Gatapar, for the purpose of illegal sale. The said information was duly recorded in the General Diary and communicated to the superior officers, and necessary statutory formalities under the NDPS Act were completed. Thereafter, the police party, along with independent witnesses, proceeded to the said house, where both accused persons were found present. After apprising them of their statutory rights and conducting the requisite search proceedings, the house and possession of the accused persons were searched. During the search, 1.849 kilograms of Ganja was allegedly recovered from the possession of Gulaba Bai Mangeshkar and 1.804 kilograms of Ganja from the possession of Amit Kumar Khande. The recovered contraband was seized in accordance with law in the presence of witnesses. Accordingly, Crime No. 67/2026 was registered at Police Station Chilfi for the offence punishable under Section 20(b) of the NDPS Act, and both accused persons were arrested on
24.06.2026. After completion of investigation, the charge-sheet was filed before the competent Court.
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Learned counsel for the applicants submits that the the applicants are innocent and have been falsely implicated in the present case; the alleged contraband was not recovered from the exclusive possession of the applicants, and the prosecution case is primarily based upon the alleged seizure made from the house of co-accused Gulaba Bai Mangeshkar. It is further submitted that the applicants have no criminal
3 antecedents, the investigation has already been completed and the charge-sheet has been filed before the competent Court, and therefore, no further custodial interrogation of the applicants is required. The applicants have been in custody since 24.06.2026, and the trial is likely to take considerable time to conclude; hence, considering the facts and circumstances of the case, the applicants deserve to be released on bail. 4. On the other hand, learned State counsel vehemently opposed the bail application and submitted that, although the charge-sheet has already been filed, applicant No. 1 has one criminal antecedent, whereas applicant No. 2 has no previous criminal antecedents. Therefore, considering the criminal antecedent of applicant No. 1 and the nature and gravity of the allegations against the applicants, the applicants are not entitled to the grant of regular bail. 5. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicants, and the fact that the contraband article, i.e., Ganja, recovered from the possession of the applicants is less than the commercial quantity as prescribed under the NDPS Act, and further considering that the charge-sheet has already been filed before the competent Court, that the applicants have been in judicial custody since 24.06.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicants have made out a case for grant of bail. Accordingly, the applicants are entitled to be released on bail in the present case. 6. Consequently, the bail application filed by the applicants Gulaba Bai Mangeshkar & Amit Kumar Khande for grant of regular bail is hereby
4 allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.
50,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge
vaibhav