Madhya Pradesh High Court
Laladas vs Union Of India on 21 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:10338
1 MCRC-613-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 21 st OF APRIL, 2025
MISC. CRIMINAL CASE No. 613 of 2025
LALADAS
Versus
UNION OF INDIA
Appearance:
Shri Abhishek Rathore - advocate for the petitioner.
Shri Manoj Kumar Soni, advocate for the respondent/CBN.
ORDER
Heard and perused the case diary.
1. This is the second bail application filed by the applicant under Section
483 of BNSS for grant of regular bail in relation to Crime No.01/2023 dated (not
mentioned), registered at P.S.- Central Narcotics Bureau, District-Neemuch
(M.P.) for the offence punishable under Section 8/ 18(b) of Narcotic Drugs and
Psychotropic Substances Act, 1885. The applicant is in custody since 23.08.2023.
Earlier application was dismissed vide order dated 26.09.2024 passed in M.Cr.C.
2. As per prosecution, 2.700 Kgs of opium was recovered from the present
applicant, which was being transported by him without any valid license.
3. Learned counsel for the applicant submits that the applicant is innocent
and has falsely been implicated in this case. In this case 2.700 Kgs of opium has
been seized from the applicant. Earlier first bail application was dismissed as
NEUTRAL CITATION NO. 2025:MPHC-IND:10338
2 MCRC-613-2025
withdrawn with liberty to file afresh after three months from the date of order vide
order dated 26.09.2024 passed in M.Cr.C. No.351919/2024. The applicant is in
custody since 23.08.2023 (approximately 1 year and eight months). Learned
counsel has placed reliance upon the judgment of Hon'ble Apex Court dated
08.11.2024 in the case of Md. Tajiur Rahaman @ Tajiur Rahaman vs. The State of
West Bengal (SPL (Crl) No.12225/2024), and submitted that in the aforesaid case,
it has been held that since the petitioner has already spent one year and six months
in custody the continued incarceration of the petitioner will not serve any useful
purpose. Reliance has also been placed on order dated 11.11.2024 passed by this
Court in the case of Bane Singh vs. Union of India (M.Cr.C. No.30609/2024),
wherein bail has been granted to the applicant who has already suffered more than
one year and three months in custody and there was no criminal antecedents
registered against him. In the present case also the applicant also already suffered
more than one year and seven months in custody, final conclusion of trial will take
sufficient long time therefore, in the light of the aforesaid citation, counsel prays
for grant of bail to the applicant.
4. On the other hand, learned counsel for the respondent/CBN has opposed
the prayer by submitting that Hon'ble Supreme Court in the case of Raju Ahmed
vs. State of Assam vide judgment dated 21.02.2025 dismissed the appeal filed by
the appellant/petitioner by holding that though the petitioner/appellant was in
custody for more than two years, however, he was facing trial for offence under
NDPS Act. In view of the aforesaid, counsel submitted that no case is made out
for grant of bail to the applicant, hence prayed for dismissal of the same.
5. So far as the judgments of Hon'ble Apex Court relied upon by the counsel
for the parties, with regard to bail are concerned, actually every case depends upon
its own fact, hence this case will be decided on its own fact. Having heard the
NEUTRAL CITATION NO. 2025:MPHC-IND:10338
3 MCRC-613-2025
learned counsels for the parties and considering the material available on record,
the quantity of contraband, the custody period of applicant, this Court is of the
opinion that this is a fit case to extend benefit of bail to the applicant. Hence,
without commenting on the merits of the case, this bail application is allowed.
6. It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
local surety in the like amount to the satisfaction of the Trial Court for his
appearance before the said Court on the dates given by the concerned Court during
pendency of trial. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
7. This order shall be effective till the end of the trial, however, in case of
bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)
JUDGE
sumathi
