[Cites 4, Cited by 0]
Madhya Pradesh High Court
Gopal vs The State Of Madhya Pradesh on 13 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4583
1 MCRC-7109-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 13th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7109 of 2026
GOPAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms Sarika Athale - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for the respondent/State.
ORDER
This second application has been filed by applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection
with Crime No.328/2025 registered at Police Station - Makadon, District
Ujjain(M.P.) for offence punishable under Section 8/22, 29 of NDPS Act.
Applicant is in judicial custody since 20.08.2025. His first bail application
was dismissed as withdrawn vide order dated 06.11.2025 passed in MCRC
No. 48875/2025. Thereafter, seizure witness Ramlakhan (PW-1), Sudarshan
(PW-2) and Anokhilal(PW-3) have been examined.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary
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. The alleged narcotic contraband opium was not
NEUTRAL CITATION NO. 2026:MPHC-IND:4583
2 MCRC-7109-2026
seized from the active and conscious possession of the applicant. The
due procedure for search and seizure was not complied with. The
independent seizure witnesses namely Ramlakhan (PW-1) , Sudarshan (PW-
2) and Anokhilal(PW-3) have been examined. They did not support the
prosecution. There is no likelihood of tampering with remaining evidence by
the applicant as the material seizure witness have been examined. Jail
incarceration is causing hardship to the applicant and 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. However, after going through the case
diary, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged around 31 years and is an agriculturist by
profession.
As per the accusation on case diary, S.I. Mansharam, of P.S. Makadon
District Ujjain(M.P.) intercepted Gopal (applicant) at Village Gundakhedi-
Suvasra Public Road on 20.08.2025 to verify secret information. Applicant
was riding on a motorcycle bearing registration No. MP 13 ZQ 8717. On
search of a black color bag of applicant, narcotic contraband MD Drug total
quantity - 35 grams was recovered and seized as per the procedure.
Accordingly, Gopal was apprehended on 20.08.2025 The independent
seizure witnesses namely Ramlakhan (PW-1) , Sudarshan (PW-2) and
Anokhilal(PW-3) have been examined and they have not supported the
prosecution. The trial would take time to conclude. The veracity of
prosecution and due compliance with the procedure for search and seizure
will be determined after evidence in the trial.
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As informed, the applicant has the family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal antecedents, considering the socio economic status
of the applicant, there appears to be no likelihood of recidivism, tampering
with evidence or influencing the remaining 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- Gopal 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 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
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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;
(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
