Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 2 May, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:11643
1 MCRC-49420-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF MAY, 2025
MISC. CRIMINAL CASE No. 49420 of 2024
ASHOK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishiraj Trivedi - Advocate for the applicant.
Shri Amit Raval - Govt. Advocate for the respondent/State..
ORDER
This second application has been filed by applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection
with Crime No.295/2017 registered at Police Station-Nahargarh, District-
Mandsaur, (MP) for offence punishable under Sections 8/15, 29 of NDPS
Act. Applicant is in judicial custody since 29.12.2021. His first bail
application was dismissed as withdrawn vide order dated 23.09.2022 passed
in M.Cr.C. No. 34620/2022. Thereafter, 06 witnesses have been examined
before the trial Court.
As per the case of prosecution, Anil S/o Ramesh was intercepted while
transporting contraband - poppy straw, Total quantity 7 quintals 52 kg in a
pick-up vehicle on 04.09.2017. Anil was apprehended. Pick-up vehicle and
the narcotic contraband - poppy straw was seized from his possession. P.S.-
Nahargarh registered FIR at Crime No. 295/2017 for offence punishable u/S
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8/15, 29 of NDPS Act against Anil. Anil in his statement recorded u/S 27 of
the Evidence Act informed that Ashok Dangi (applicant) had provided him
narcotic contraband - poppy straw for transportation. On completion of
investigation, final report was submitted. Ashok could not be apprehended.
He was later arrested on 29.12.2021. He is in custody ever since. The Trial is
underway.
Learned counsel for the applicant in addition to the grounds mentioned
in the application contends that the applicant is falsely implicated in this
matter merely on the basis of information given by the co-accused in police
custody. No connecting evidence was collected during investigation. The
applicant has undergone judicial custody for more than three years. The trial
is proceeding at snail's pace. As per the status report, 09 witnesses are yet to
be examined. The trial would take time to conclude. Applicant may be
extended benefit of bail.
Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence and cites criminal
history of 04 cases against the applicant.
In reply, learned counsel for the applicant submits that applicant stand
acquitted in Crime No. 360/2016 registered as P.S.- Nahargarh vide
judgment of acquittal dated 26.08.2025 and in Crime No. 229/2012
registered at P.S.- Kota vide judgment dated 25.10.2024 in S.T. No.
207/2014. Other matters are pending for the trial. Applicant has been
extended benefit of bail in those matters. Applicant has never been
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convicted.
Heard the arguments, perused the grounds for grant of bail stated in
the application and the case diary.
The applicant is implicated in this matter on the basis of information
given by the main accused Anil in police custody. However, the information
was not verified by incriminating connecting evidence. The veracity of
prosecution will be determined after evidence in the trial. Co-accused Anil
has been extended benefit of bail vide order dated 06.04.2021 passed in
M.Cr.C No. 130203/2021. Only 06 out of 16 enlisted prosecution witnesses
have been examined till date and applicant is languishing in jail since last
more than three years. The applicant is aged around 48 years, he is an
Agriculturist by profession and sole bread earner of the family. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any substantial criminal past and previous conviction for any
major offence, considering the socio-economic status of the applicant, there
appears to be no likelihood of tampering with evidence or influencing the
witnesses by the applicant. The trial would take time to conclude. There
appears to be no compelling reason to continue incarceration of the
applicant. However, the observations, herein-above, are recorded for present
application only.
Considering the rival contentions and overall circumstances of the
case, in the light of aforesaid facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, present
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application is allowed.
Accordingly, it is directed that applicant - Ashok Dangi shall be
released on bail in connection with the crime as stated in para-1 of this order,
upon furnishing personal bond and surety bond of amount, as may be
considered appropriate by the Trial Court for compliance with conditions, as
may be imposed by such Court under Section 437(3) of Cr.P.C. 1973/
Section 480(3) of BNSS, 2023, to secure presence of the applicant for the
trial.
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the Trial Court may consider, on
merit, cancellation of bail without any impediment of this order.
The concerned Court shall get the conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
