Madhya Pradesh High Court
Aneesh Sahu vs The State Of Madhya Pradesh on 20 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:26622
1 MCRC-15500-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 20th OF JUNE, 2025
MISC. CRIMINAL CASE No. 15500 of 2025
ANEESH SAHU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Madan Singh - Advocate for the applicant.
Shri Sandeep Kumar Shukla - Advocate for the respondent.
ORDER
This is first bail application filed by the applicant under Section 482
of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail
relating to FIR/Crime No.04/2024 registered at Police Station -Narcotic
Control Bureau (NCB), Indore, District – Indore (M.P.) for the offences
punishable under Sections 8/20, 25,27, 29 of the NDPS Act.
2. As per the case of the prosecution, 655 Kgs. ganja is alleged to
have been seized by the team of the NCB, Indore from the truck bearing
registration No.RJ-11GA-6145 and the driver of the truck was caught by the
police and two other co-accused persons fled away from the spot. After
recording of memorandum statement, aforesaid offences have been
registered against the applicant and other co-accused.
3. The counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the case. As per prosecution story, only
Signature Not Verified
Signed by: SHAHINA KHAN
Signing time: 23-06-2025
18:10:30
NEUTRAL CITATION NO. 2025:MPHC-JBP:26622
2 MCRC-15500-2025
allegation against the applicant is that he is receiver of the contraband. Even
in the year 2017, on the basis of forged documents two false cases bearing
Crime No.182/2017 and Crime No.189/2017 were registered at P.S. Surkhi,
Sagar (M.P.) against the applicant under NDPS Act and in both these cases
he had been enlarged on bail by the High Court. It is further contended that
applicant has given several complaints before the Police Higher Authority
including Director General of Bhopal (Annexure A/3). Writ Petition No.
14121/2024 is also pending before the High Court. It is also submitted that
Investigating Agency has not submitted any documents that SIM
No.9303011386 is issued in the name of the present applicant and the said
SIM is used by him. Therefore, it is prayed for grant of anticipatory bail to
the applicant.
4. The counsel for the respondent has opposed the application and
submitted that quantity of contraband seized is commercial quantity. It is
further submitted that applicant was in regular touch with the other co-
accused persons on their mobile phones and as per Call Details Report, there
was 23 times talk between the applicant and co-accused Yogesh who is the
driver of the Truck from which contraband was seized. He has actively
participated in commission of the offence. Thus, no case for grant of
anticipatory bail is made out to the applicant.
5. Heard the submissions and perused the case diary.
6. As per the judgment passed by the Hon’ble Supreme Court, in the case of
State of Haryana Vs. Samarth Kumar reported in 2022 SCC OnLine SC 2087, in Para-
9 in which it is observed that :-
“To grant anticipatory bail in a case of this nature is not really warranted.
Signature Not Verified
Signed by: SHAHINA KHAN
Signing time: 23-06-2025
18:10:30
NEUTRAL CITATION NO. 2025:MPHC-JBP:26622
3 MCRC-15500-2025
Therefore, we are of the view that the High Court fell into an error in granting
anticipatory bail to the respondents”
7 . Looking to the aforesaid facts and circumstances of the case and huge
quantity of the contraband (ganja), I do not find it a fit case to grant him anticipatory
bail. Accordingly, the application is dismissed.
(PRAMOD KUMAR AGRAWAL)
JUDGE
shahina
Signature Not Verified
Signed by: SHAHINA KHAN
Signing time: 23-06-2025
18:10:30