Page No.# 1/3 GAHC020003802025 2025:GAU-NL:342 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./6/2025 SHRI. AKAHO N ACHUMI FATHER OF SHRI A. AKASHE ACHUMI(ACCUSED) R/O H.NO. 324, LHOMTHI VILLAGE, DIMAPUR NAGALAND VERSUS STATE OF NAGALAND NAGALAND KOHIMA Advocate for the Petitioner : JOSHUA SHEQI, Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 28.07.2025 The present Bail Application under Section 483 of the BNSS, 2023 has been filed by the father of the accused praying for granting bail in respect of the accused Shri A. Akashe Achumi. Page No.# 2/3 2. Learned counsel for the petitioner, Ms. Mika H. Aye has submitted that the present accused person was arrested on 10.06.2025. It is stated that he was arrested along with another co-accused namely, Shri Sridam Biswas @Rohit and convicted under Section 21(c) of the NDPS Act read with Section 3(5) of the BNS. It is also stated that the present accused person has no connection with the seized items and he is a victim of circumstance and he had filed an bail application being I.A.(Crl.)/389/2025 before the learned Special Judge, NDPS Dimapur. However, the same was rejected vide Order dated 30.06.02025. Learned counsel for the petitioner submits that on the day of the incident the co-accused, who is a friend and neighbour, approached the present accused person to accompany him for some work. Therefore, the present accused, in good faith, accompanied his friend, the co-accused to the warehouse of the courier agency at Sovima, Chumoukedima. The present accused had no knowledge that the co-accused was going to receive a parcel containing the seized items/ 3000 bottles of Codeine based cough syrup. It is further submitted that he had no knowledge about the seized items and he only came to know about it when the police personnel seized the consignment. It is further stated that nothing was seized from the possession of the present accused person. It is also submitted that the accused is a permanent resident of Dimapur and there is no likelihood that he will abscond or avoid the process of investigation. It is, therefore, prayed that the accused person may be released on bail pending investigation in the present case. 3. Learned Public Prosecutor, Mr. Veto V. Zhimomi has produced the Case Diary. Upon going through the statements of the two accused persons it Page No.# 3/3 appears that the present accused had no knowledge about the consignment and the contents thereof. Prima facie this Court is of the view that it was the co-accused who had called him to accompany him to receive the consignment from the courier agency and the present accused had no knowledge about the same when he accompanied the co-accused. This observation is merely for the purpose of bail and is subject to outcome of further investigation. 4. In view of the facts and circumstances as discussed above, the present accused person, Shri A. Akashe Achumi is, therefore, released on bail under the following conditions: (i) The accused shall execute a bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the learned Trial Court. (ii) The accused shall not tamper with the evidence or hamper the investigation in any way. (iii) The accused shall appear before the Investigation Officer as and when summoned and cooperate with the investigation. 5. Bail Application is accordingly disposed of. JUDGE Comparing Assistant