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2026 DAILYLAW 37593 (CHH)

NARGIS @ RANI KHAN v. STATE OF CHHATTISGARH

MCRC/8171/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010339832026 2026:CGHC:42108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8171 of 2026 1 - Nargis @ Rani Khan W/o Late Hamid Khan Aged About 35 Years Permanent Resident At Vikroli, P, S. Kopar Ghat District Mumbai, Maharashtra, ---Presently At -- Jalvihar Colony Behind Sulabh, Hina, Khan's Kiray Ka Makan P. S. Telibandha, District Raipur C. G. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer P. S. Khamtarai, District Raipur C. G. ... Non-applicant For Applicant : Mr. Durlabh Kumar Agrawal, Advocate For Non-applicant : Dr. Saurabh Pande, Dy. A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.261/2026, registered by the Police Station, Khamtarai, District Raipur (C.G.) for the offence punishable under Section 20(b) and 29 of NDPS Act. 2. The prosecution story in brief, is that on 16.04.2026, Police Station Khamtarai received secret information from the informant and on the basis of said information, a raid was conducted Digitally signed by JYOTI JHA Date: 2026.09.29 11:41:05 +0530 2 wherein 3.319 Kgs of Ganja was recovered from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He further submits that the applicant has seven criminal antecedents of a similar nature, out of which two cases have already been disposed of. He also submits that charge-sheet has been filed before the competent Court and the applicant is in jail since 17.04.2026 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and 3.319 Kgs of Ganja was seized from the possession of present applicant. He further submits that the applicant has seven criminal antecedents of similar nature which makes him a habitual offender. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the applicant has seven criminal antecedents under the NDPS Act and the charge-sheet has been filed before the competent Court in the present case and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 3 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant is rejected. Sd/- Rakesh Mohan Pandey JUDGE Jyoti