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2026 DAILYLAW 19617 (CHH)

KOUTUKA SUNA v. STATE OF CHHATTISGARH

MCRC/4551/2026 · 2026-05-13

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Judgment text

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1 2026:CGHC:23017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4551 of 2026 Koutuka Suna S/o Tapsan Suna Aged About 31 Years R/o Village Manikera, Post Pajikeri, Police Station Rampur, District Kalahandi Odisha ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Komakhan, District Mahasamund Chhattisgarh ... Non-Applicant For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.19/2026, registered at Police Station - Komakhan, District – Mahasamund (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the brief prosecution story, on 03.02.2026, during patrolling, the police received information that two persons were travelling on a scooty from Odisha to Chhattisgarh carrying illicit contraband Ganja. Acting upon the said information, the police intercepted the vehicle bearing PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.15 17:43:03 +0530 2 Registration No. CG-07/CL-2661 and allegedly recovered 24 kilograms of contraband Ganja from the possession of the co-accused persons. It is further alleged that, on the basis of the memorandum statement of the co- accused persons, the present applicant has been implicated in the said crime. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the contraband Ganja was not seized from the exclusive possession of the applicant and present applicant is a supplier. Further, the applicant has no previous criminal antecedents, the charge-sheet has been filed. The applicant is in jail since 14.02.2026. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed. He further submits that the bail application of the co-accused, namely, Dhaneshwar Sahu, has already been rejected by this Court vide order dated 18.03.2026 passed in MCRC No. 2569/2026 on the ground that the said co-accused had allegedly supplied the contraband article, i.e., 24 kg of Ganja, to the other co-accused persons from whom the contraband was recovered, which is above the commercial quantity. It is further alleged against the present applicant that he had also supplied the contraband Ganja. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that the bail application of the co-accused, namely, Dhaneshwar Sahu, has already been rejected by this Court vide order dated 18.03.2026 passed in MCRC No. 2569/2026 on the ground that the said co-accused had allegedly supplied the contraband article, i.e., 24 kg of Ganja, to the other co-accused persons from whom the contraband was recovered, which is above the commercial quantity, further it is alleged against the present applicant that he had also supplied the contraband Ganja, which is much more than the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, further the charge-sheet has been submitted, hence, looking to the seriousness of this case, this Court is of the opinion that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of applicant – Koutuka Suna, involved in Crime No.19/2026, registered at Police Station - Komakhan, District – Mahasamund (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti