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Madhya Pradesh High Court
Rohit Kathik vs The State Of Madhya Pradesh on 10 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:11933
1 MCRC-15040-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 10th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15040 of 2026
ROHIT KATHIK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pragati Singh Sikarwar - Advocate for the applicant.
Shri Rajendra Singh Yadav - Dy. Advocate General for the
respondent/State.
ORDER
This is the first application filed by the applicant under Section 483 of
B.N.S.S. for grant of bail. The applicant has been arrested in connection with
Crime No.18/26 registered at Police Station- Avda, District Sheopur (M.P.)
for the offence under Sections 8 read with Section 21 and 29 of NDPS Act.
2. As per the prosecution story, 8 gms of smack has been seized from
the joint possession of the present applicant and co-accused.
3. Learned counsel for the applicant submitted that applicant is
innocent and has been falsely implicated. He is in custody since 21.02.2026.
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 applicant.
Investigation is over and charge-sheet sheet has has already bee filed.
NEUTRAL CITATION NO. 2026:MPHC-GWL:11933
2 MCRC-15040-2026
Applicant is having eight criminal antecedents. Trial trial is likely to take
long time to conclude. Co-acused Abhishek Khatik has been enlarged on bail
vide order dated 01.04.2026 passed in M.Cr.C.No.14001/2026.Case of
present applicant is similar to that of co-accused Abhishek Khatik.
Applicant is the permanent resident of District - Sheopur and there is no
possibility of his absconsion or tampering with the prosecution evidence, if
released on bail.
4. On the other hand, learned State has vehemently opposed the bail
application and prayed for its rejection on the basis of criminal antecedents
of the applicant. However, he concedes the ground of parity.
5. Heard learned counsel for the rival parties and perused the case
diary.
6. Considering the above submissions made by the counsel for the
parties and looking to the facts and circumstances of the case and on the
ground of parity, but 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) along with one solvent local surety 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 applicant:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him/her;
ii) The applicant will cooperate in the investigation /trial, as the case
NEUTRAL CITATION NO. 2026:MPHC-GWL:11933
3 MCRC-15040-2026
may be;
iii) The applicant will not indulge himself /herself 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 acts to the Court or to
the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat
the offence in future. In case offence of same nature is repeated, this bail
order shall automatically stand cancelled;
v) The applicant will not seek unnecessary adjournments during the
trial; and
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
vii). The applicant shall mark his presence before PS Avda, District
Sheopur (M.P.) on Every Sunday between 10 AM to 2 PM till final
conclusion of trial, failing which this bail application shall stand cancelled.
8. The application stands allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
