Citation : 2026 Latest Caselaw 3157 MP
Judgement Date : 1 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10864
1 MCRC-14001-2026
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. 14001 of 2026
ABHISHEK KHATIK AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhishek Singh Bhadauria - Advocate for the applicants.
Shri Samar Ghuraiya - Public Prosecutor for the respondent/State.
ORDER
This is first application filed by the applicants under Section 483 of the BNSS for grant of bail. The applicants have been arrested on 22.02.2026 in connection with Crime No.18/2026 registered at Police Station - Awada, District Sheopur(M.P.) for the offence under Sections 8/21, 29 of NDPS Act.
2. As per prosecution case, 8 gms of smack has been seized from the joint possession of the present applicants.
3. Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in this case. They are in custody since 22.02.2026. It is further submitted that quantity of seized smack does not come within the purview of commercial quantity. Since recovery has been made, therefore, there is no requirement of further custodial interrogation of the applicants. Investigation is over and charge-
NEUTRAL CITATION NO. 2026:MPHC-GWL:10864
2 MCRC-14001-2026 sheet has been filed. The applicants do not bear any criminal record. They are ready to abide by all the conditions as imposed by this Court. Under these circumstances, counsel for the applicants prays for grant of bail.
4. Per contra, learned State counsel vehemently opposed the bail application and prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case diary available on record.
6. Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case as well as quantity of seized article, but without expressing any opinion on merits of the case this applications are allowed and it is directed that the applicants be released on bail on furnishing personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each along with one solvent surety each in the like amount to the satisfaction of the trial Court/committal Court.
7. This order will remain operative subject to compliance of the following conditions by the applicants:-
i) The applicant(s) will comply with all the terms and conditions of the bond executed by him/them;
ii) The applicant(s) will cooperate in the investigation/trial, as the case may be;
iii) The applicant(s) will not indulge himself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to the Police Officer, as the case may be;
NEUTRAL CITATION NO. 2026:MPHC-GWL:10864
3 MCRC-14001-2026
iv) The applicant (s) shall not commit any other offence or will not repeat the offence in future.
v) The applicant(s) will not seek unnecessary adjournments during the trial; and
vi) The applicant(s) will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. The applications are allowed and disposed of.
9. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
10. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
mani
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