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Madhya Pradesh High Court
Madhusudan Prajapat @ Toni vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3315
1 MCRC-4400-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4400 of 2026
MADHUSUDAN PRAJAPAT @ TONI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishiraj Trivedi - Advocate for the applicant.
Shri Ayushyaman Choudhary - Govt. Advocate for the
respondent/State.
ORDER
This first application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 439/2025 registered at
Police Station - Piploda, District Ratlam(M.P.) for offence punishable under
Section 8/22 and 8/29 of NDPS Act. Applicant is in judicial custody since
29.11.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the
relevant material on record.
Learned counsel for the applicant, in addition to the grounds mentioned in
the application, submits that the applicant is falsely implicated in the alleged
offence merely on suspicion. There is non compliance of due procedure of search
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and seizure. He has not committed the alleged offence. The final report has been
submitted. There is no likelihood of tampering with evidence by the applicant.
Jail incarceration is causing hardship to the applicant and his dependent
family. Applicant is ready to cooperate in the trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 01 criminal
antecedents of the applicant as mentioned in the case diary. Applicant is aged 34
years. He is a Chowkidar by profession.
In reply, learned counsel submits that applicant was acquitted in vide
judgment dated 12.12.2023 passed RCT No. 174/2019 for offence punishable u/S
323, 294, 506 of IPC. No prosecution is pending against the applicant. He has
never been convicted for any offence.
According to the material available on case diary, ASI Kailash Birana of
P.S. Piploda intercepted one Apache motorcycle near Sukheda Mandi on
28.11.2025 to verify secret information. Applicant Madhushan was driving the
motorcycle.On personal search, narcotic contraband suspected to be MD - total
quantity 10 grams was recovered from left pocket of pant of Madhusudan. The
applicant was arrested on 29.11.2025 Applicant is in custody ever since. The
trial would take time to conclude. The chemical analysis report submitted by
RFSL, Ratlam reveals that the sample of contraband contains methyl meth
cathinone (mephedrone)MD. The veracity of prosecution and compliance with
procedure will be determined after evidence in trial.
As informed, the applicant has responsibility of his dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
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justice. In absence of any criminal antecedent, considering the socio-economic
status of the applicant, there appears to be no likelihood of recidivism or
tampering with evidence or influencing the witnesses by the applicant. 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 aforestated facts, but without commenting on the merits, this Court is
inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant- Madhusudan Prajapat alias
Toni shall be released on bail in connection with Crime as mentioned in first
paragraph of this order, upon furnishing a personal bond in the sum of
Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the
same amount to the satisfaction of the Trial Court, for compliance with the
following conditions : (For convenience of understanding by accused and surety,
the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such
facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन
नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
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(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-
फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
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 from this order.
The trial Court shall get these 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/she had explained the conditions to
the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
