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Madhya Pradesh High Court
Chhotu Alias Kishan vs The State Of Madhya Pradesh on 1 April, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 1 st OF APRIL, 2026
MISC. CRIMINAL CASE No. 14364 of 2026
CHHOTU ALIAS KISHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Alok Kumar Sharma - Advocate for the applicant.
Shri Anurag Sharma - PP for the State.
ORDER
This is second bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant has been arrested on 24.01.2026 in connection with
Crime No.22/2026 registered at Police Station- Dharnavada, District Guna
for offence punishable under Sections 8/29 of NDPS Act.
As per the prosecution case, a total quantity of 11.30 grams of smack
has been seized from the possession of present applicant-Kishan @ Chhotu.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and has not committed any offence as
alleged. The trial is likely to take considerable time to conclude.
Investigation is over and charge-sheet has been filed. The co-accused persons
namely-Jay Narayan Gurjar and Saddam Hussain Khan have already been
enlarged on bail by the co-ordinate Bench of this Court vide order dated
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06.02.2026 passed in M.Cr.C. No.6176/2026 and vide order dated
12.02.2026 passed in M.Cr.C. No.7267/2026 respectively, therefore,
applicant seeks parity also. The applicant is a permanent resident of District
Guna and there is no likelihood of the applicant absconding, tampering with
prosecution evidence, or influencing witnesses. The applicant undertakes to
abide by all terms and conditions that may be imposed by this Hon'ble
Court. In view of the aforesaid facts and circumstances, it is prayed that the
applicant may kindly be enlarged on bail.
Per contra, learned counsel for the State opposed the application and
prayed for its rejection submitting that the present applicant has criminal
history of six cases.
Heard learned counsel for the rival parties and perused the case diary.
Considering the overall facts and circumstances of the case, the nature
of allegations coupled with the fact that the trial is not likely to conclude in
near future and prolonged pre- trial detention being an anathema to the
concept of liberty and on the ground of parity also, this Court is inclined to
extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court/committal Court for his appearance on the dates given by
the concerned Court.
This order will remain operative subject to compliance of the
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following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of
the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
7. The applicant is directed to mark his presence before the concerned
police station on every Sunday, till conclusion of trial, failing which this bail
order shall stand automatically dismissed without further reference to this
Bench.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
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Vishal
