GULABA BAI MANGESHKAR vs STATE OF CHHATTISGARH

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CGHC010341932026

NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8214 of 2026
VAIBHAV
SINGH
1 - Gulaba Bai Mangeshkar W/o Late Janakram Aged About 45 Years R/o
Gatapar School Mohalla, Police Station- Chilfi, District- Mungeli (C.G.)
Digitally signed by
VAIBHAV SINGH
Date: 2026.09.05
12:28:41 +0530
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.

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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.
3. 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

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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

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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