SAGAR SHUDDHODHAN NIKALAJE v. STATE OF CHHATTISGARH
MCRC/7836/2026 · 2026-09-21
Shri Rakesh Mohan Pandey
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 36639 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36639 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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CGHC010328572026
2026:CGHC:41148
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7836 of 2026 Sagar Shuddhodhan Nikalaje S/o Shuddhodhan Nikalaje Aged About 35 Years R/o Plot No. 50, Manowada Ring Road Buddhvihar, P.S. Hudkeshwar District Nagpur Maharashtra
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda District Mahasamund Chhattisgarh
... Non-Applicant(s) For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board 22/09/2026
1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 27/2026, registered at Police Station Singhoda, District Mahasamund (C.G.), for the offence punishable under Sections 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The case of the prosecution in brief is that on 14.03.2026, while the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 police party was on patrolling duty, a secret information was received that two persons were coming from Odisha towards Chhattisgarh on a red-black Hero Passion Pro motorcycle bearing registration No. MH 49 AG 7784 carrying illegal contraband. The information was duly communicated to the superior officer and thereafter, the police party reached near Gram Rehtikhol and intercepted the said motorcycle. The applicant, Sagar Shuddhodhan, was found driving the motorcycle and co-accused Atul Vinod Nandeshwar was sitting as pillion rider. Upon search of the motorcycle, a black coloured bag containing five packets of Ganja weighing 10.600 kilograms was allegedly recovered and seized in accordance with law. Accordingly, aforesaid offences were registered against the applicant and co-accused.
3.
Learned counsel for the applicant would submits that the applicant has been falsely implicated in the present case. He would further submit that 10.600 kilograms of Ganja has allegedly been seized, which is below the commercial quantity and, therefore, the rigors of Section 37 of the NDPS Act is not attracted. It is further submitted that the applicant is in jail since 14.03.2026 and the trial is likely to take considerable time. He would also submit that co-accused Atul Vinod Nandeshwar, who was allegedly found in the same vehicle and from whose joint possession the contraband is alleged to have been recovered, has already been granted bail by a Co-ordinate Bench of this Court in MCRC No. 5169/2026 vide order dated
03.08.2026. Accordingly, he prays for grant of regular bail to the applicant.
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4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that in the present case, 10.600 kilograms of Ganja has been seized from the joint possession of the applicant along with co-accused, though the same is below the commercial quantity. She would further submits that the applicant has five criminal antecedents however, all the said cases are registered under the provisions of the IPC and no case under the NDPS Act is pending against the applicant. She could not dispute the fact that co-accused Atul Vinod Nandeshwar has already been granted bail by a Co-ordinate Bench of this Court in MCRC No. 5169/2026 vide
order dated 03.08.2026.
5. I have heard learned counsel for the parties and perused the case diary and the material available on record.
6. Considering the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant, the quantity of contraband involved in the present case i.e. 10.600 kilograms of Ganja, which is below the commercial quantity and the fact that the applicant is in custody since 14.03.2026 and co-accused Atul Vinod Nandeshwar, who was apprehended in the same crime and from whose alleged joint possession the contraband was recovered, has already been granted bail by a Co-ordinate Bench of this Court in MCRC No. 5169/2026 vide order dated 03.08.2026 and further considering that although the applicant has five criminal antecedents but no case under the NDPS Act is pending against him, thus without further commenting upon the merits of the case,
4 this Court is inclined to grant bail to the applicant.
7. Accordingly, the bail application of the applicant is allowed. 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 the following conditions:- (i) he shall not directly or indirectly make any inducement, 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, & (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.
8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. -
S/- Sd/-
(Rakesh Mohan Pandey)
Judge Kunal