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2025 DAILYLAW 48588 (CHH)

AKHUJA @ ANKUJA MAHANAND v. STATE OF CHHATTISGARH

MCRC/7964/2025 · 2025-11-10

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Judgment text

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1 2025:CGHC:54949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7964 of 2025 Akhuja @ Ankuja Mahanand S/o Mahanand Aged About 42 Years R/o Kabattalai Police Station Sonpur, District- Subharnapur (Odisha) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Masturi, District - Bilaspur (C.G.) ... Respondent For Applicant : Shri K.S. Pradhan, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.429/2025 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 20(b) & 29 of N.D.P.S. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.12 18:36:27 +0530 2 2. Case of the prosecution, in brief, is that the concerned Police has received secret information and on the basis of said information, raid was conducted and recovered total 20.100 KG contraband Ganja from the possession of other main accused persons. Present applicant has been arrested only on the basis of memorandum of main accused person, who kept the contraband Ganja in their possession. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He would submit that the applicant has been arrested solely on the basis of the memorandum statement of the co-accused, without any independent evidence and the name of the applicant does not find mention in the FIR, and he was arrested after a delay of one month and twenty-one days. He would submit that no incriminating article has been seized from the possession of the applicant. He would submit that charge sheet has been filed, applicant is in jail since 22/08/2025 and conclusion of the trial may take quite long time, therefore he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would further submit that the quantity of contraband article 20.100 kg Ganja recovered from the possession of the co-accused, which 3 is above the commercial quantity and the name of the applicant has come into light in the memorandum statement of the co- accused and it appears to be an organized crime, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the quantity of contraband article 20.100 kg Ganja recovered from the possession of the co-accused is above the commercial quantity and the name of the applicant has come into light in the memorandum statement of the co-accused and it appears to be an organized crime and it cannot be a case of false implication, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Akhuja @ Ankuja Mahanand, involved in Crime No.429/2025 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 20(b) & 29 of N.D.P.S. Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri