AFSANA B ALIAS GUDIYA vs STATE OF CHHATTISGARH

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CGHC010339982026 2026:CGHC:39066
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8169 of 2026
Afsana B Alias Gudiya W/o Sheikh Hasim Aged About 37 Years (Wrongly
Mentioned As Afsana B Gudiya, in impugned order), Gram Motibag Chowk,
Infornt of Union Club, P. S. Gol Bazar, District – Raipur, C. G.
... Applicant
versus
State of Chhattisgarh Through- Station House Officer, Police Station - Golbazar
Digitally
signed by
PREETI
KUMARI
Date:
2026.09.05
12:28:36
+0530
PREETI
KUMARI
Raipur, District- Raipur, C. G.
... Non-Applicant
For Applicant : Mr. Durlabh Kumar Agrawal, Advocate.
For Non-Applicant/State : Mr. Monika Thakur, Panel Lawyer.
Hon'ble Shri Ravindra Kumar Agrawal , Judge
Order on Board
03.09.2026
The applicant has preferred this first bail application under Section 483 of
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Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as she
has been arrested in connection with Crime No. 98/2026, registered at
Police Station - Golbazar, District - Raipur (C.G.) for the offence
punishable under Section 20(b) of the Narcotic Drugs and Psychotropic
Substance Act, 1985.
2. As per the prosecution story, the Investigating Officer of Police Station
Golbazar received classified information, whereafter the concerned Police

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Station, while conducting a raid, allegedly seized a bag containing Ganja
weighing 1.500 kgs from the possession of the applicant. Thereafter,
Crime No. 98/2026 dated 22.06.2026 was registered, and the applicant
was arrested on 22.06.2026 for the offence under Section 20(b) of the
NDPS Act. After culmination of the investigation, the charge-sheet has
been filed before the concerned Trial Court.
Learned counsel for the applicant submits that the applicant is innocent
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and has been falsely implicated in the present case. He further submits
that only 1.500 kilograms of Ganja was recovered from the possession of
the present applicant, which falls within the intermediate quantity. The
investigation has been completed, and the charge-sheet has already been
filed. He further submits that the applicant has been in judicial custody
since 22.06.2026. The final adjudication of the case is likely to take
considerable time. It is also submitted that the applicant has three criminal
antecedents, out of which two are under the Excise Act and one is under
the NDPS Act, and all the cases are pending. The same has been
explained in Part-D of this bail application. Therefore, it is prayed that the
applicant be released on bail.
4. On the other hand, learned State counsel opposes the bail application and
submits that the charge-sheet has been filed. She further submits that the
applicant has three criminal antecedents, out of which two are under the
Excise Act and one is under the NDPS Act, therefore, he is not entitled to
the grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the parties, the
nature of the allegations, the quantity of Ganja allegedly seized from the
applicant, the fact that the investigation has been completed and the
charge-sheet has already been filed, the fact that the applicant has been

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in judicial custody since 22.06.2026, and the criminal antecedents of the
applicant, as explained in Part-D of this bail application, I am inclined to
release the applicant on bail.
Accordingly, the bail application is allowed . Let the applicant -
7.
Afsana B Alias Gudiya involved in Crime No. 98/2026, registered at
Police Station - Golbazar, District - Raipur (C.G.) for the offence
punishable under Section 20(b) of the Narcotic Drugs and Psychotropic
Substance Act, 1985, be released on bail on her furnishing a personal
bond in the sum of Rs. 50,000/- with one surety with the following
conditions:-
(i) The applicant shall file an undertaking to the effect
that she shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be open
for the trial court to treat it as abuse of liberty of bail and
pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through her
counsel. In case of her absence, without sufficient
cause, the trial court may proceed against her under
Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure her presence,
proclamation under Section 84 of BNSS. is issued and
the applicant fails to appear before the court on the date
fixed in such proclamation, then, the trial court shall
initiate proceedings against her, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening of
the case, (ii) framing of charge and (iii) recording of

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statement under Section 351 of BNSS. If in the opinion
of the trial court absence of the applicant is deliberate or
without sufficient cause, then it shall be open for the trial
court to treat such default as abuse of liberty of bail and
proceed against her in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/- Sd/-
(Ravindra Kumar Agrawal)
Judge

Preeti