Madhya Pradesh High Court
Mansi vs The State Of Madhya Pradesh on 8 May, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 8 th OF MAY, 2025
MISC. CRIMINAL CASE No. 1447 of 2025
MANSI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhishek Rathore - advocate for the petitioner.
Shri Vishal Panwar - Panel Lawyer for the respondent/State.
ORDER
Heard and perused the record.
2. This is first bail application filed under Section 483 of BNSS, 2023
(Section 439 of Cr.P.C, 1973) for grant of bail during trial relating to Crime
No.29/2021 dated (not mentioned), registered at Police Station- Crime Branch
District-Indore for the offence under Sections 8/22, of NDPS Act. The applicant is
in custody since 19.12.2021.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present crime. It is further submitted that he
has been made accused on the basis of seizure of 100 grams of MD drugs (double
of commercial quantity) was seized from the possession of the present applicant.
Applicant is in custody since 19.12.2021 has completed more than 3 years and 4
months in custody. In support of his contention, he has placed reliance over a
judgment of Hon'ble Apex Court in the case of Santosh Sahoo @ Santosh Saho vs.
The Union of India passed in Special Leave to Appeal (Cri.) No.1737/2025
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wherein the Hon'ble Apex Court has granted bail to the applicant therein for
completion of one year and nine months of custody whereas the contraband of
88KG of Cannabis was recovered. Counsel has also relied upon the judgment of
Hon'ble Apex Court in the case of Dheeraj Kumar Shukla vs. The State of Uttar
Pradesh passed in Special Leave to Appeal (Cri.) No.6690/2022 wherein the
applicant of that case has been granted bail by Hon'ble Apex Court on the ground
that he has completed two and half years in custody to bolster his contentions.
Conclusion of trial will take sufficient long time. Under these circumstances,
counsel prays for grant of bail to the applicant.
4. Learned counsel for the State has opposed the application and prayed for
its rejection.
5. I have heard the learned counsel for the parties and perused the record.
6. Looking to the facts and circumstances of the case, the rival submissions
of the counsel for the parties, custody period of the applicant as well as the law laid
down by Hon'ble Apex Court in the case of Santosh Sahoo (Supra) and Dheeraj
Kumar (Supra), without commenting on the merits of the case, this application is
allowed.
7. It is directed that the applicant be released on bail on his/her furnishing a
personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one
solvent surety in the like amount to the satisfaction of the trial court for securing
his/her presence before the said Court on all the dates of hearing fixed in this
regard during trial. It is also directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
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8. This order shall remain effective till the end of the trial, but in case of bail
jump and breach of any of the pre-condition of bail, it shall become ineffective and
cancelled without reference to this Bench.
Certified Copy as per rules.
(PREM NARAYAN SINGH)
JUDGE
sumathi
