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2026 DAILYLAW 36540 (CHH)

N POOJA v. STATE OF CHHATTISGARH

MCRC/8443/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010343942026 2026:CGHC:41393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8443 of 2026 1 - N Pooja W/o N Bhaskar Aged About 26 Years R/o Camp 01, 18 Number Road, Sai Dosa Gali, P S Vaishali Nagar, Distt. Durg, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. City Khursipar, Distt. Durg, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aman Pandey, Advocate For Non- Applicant /State : Mr. Smriti Shrivastava, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 59/2026 registered at Police Station Khursipar District Durg (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 18.02.2026, on the basis of secret information, the police apprehended accused Prashant Kumar and co-accused Aman Shende near ITI Ground, Khursipar, and seized 4 kilograms and 3 kilograms of ganja respectively from their possession. During interrogation, co-accused Prashant, in his Digitally signed by JYOTI JHA Date: 2026.09.24 12:10:07 +0530 2 memorandum statement, disclosed that he had procured the ganja from N. Pooja. On the basis of the said memorandum statement and other material collected during investigation, the present applicant was implicated in the aforesaid offence. 3. Learned counsel appearing for the applicant would submit that a total of 7 kilograms of ganja was seized from the possession of co-accused persons, namely, Prashant Kumar and Aman Shende, on 18.02.2026. He would further submit that the name of the present applicant has been implicated only on the basis of the memorandum statement of co- accused Prashant Kumar. The charge-sheet has already been filed and the applicant is in custody since 18.02.2026, the conclusion of the trial is likely to take considerable time; thus, the applicant may be enlarged on regular bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and would submit that the present applicant was involved in the commission of the offence, and he also carries one criminal antecedent of a similar nature; thus, he is not entitled to be released on regular bail. However, he admits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the fact that the ganja was seized from the possession of co-accused persons namely Prashant Kumar and Aman Shende, the fact that the name of the present applicant surfaced in the memorandum statement of co-accused, the fact that the charge-sheet has already been filed, and further considering that the applicant has one criminal antecedent under the NDPS Act, registered in the year 2025, that he is in judicial custody since 18.02.2026, and that the conclusion of the trial is likely to take some time, this Court is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, 3 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Jyoti