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Madhya Pradesh High Court
Bharat vs The State Of Madhya Pradesh on 23 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:5401
1 MCRC-1909-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 23rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 1909 of 2026
BHARAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhay Saraswat - Advocate for the applicant.
Shri Viraj Godha - G.A. for the State.
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is the first bail application filed by the applicant under Section
483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973, as he / she is
implicated in connection with Crime No.97/2025 registered at Police Station
City Kotwali District Mandsaur (MP) for offence punishable under Section
8/15, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985. The applicant is in custody since 18.12.2025.
3. Allegation against the applicant is that he was also involved in the
aforesaid case wherein 65 grams MD drug has been seized from co-accused
Suresh and 10 kg of poppy straw has been seized from the possession of co-
accused Prahalad, and they in their disclosure memo have stated that the
aforesaid contraband was obtained by them from the co-accused Jankilal,
who in his disclosure memo has named the present applicant as the person
NEUTRAL CITATION NO. 2026:MPHC-IND:5401
2 MCRC-1909-2026
from whom the contraband was obtained.
4. Counsel for the applicant has submitted that the charge sheet has
been filed and the applicant has been implicated only on the basis of the
memo prepared under Section 23(2) of Bhartiya Sakshya Adhiniyam, 2023
(27 of the Evidence Act) of co-accused Jankilal. It is submitted that no other
material is available on record to connect the applicant with the offence
except the aforesaid memo. It is further submitted that the applicant is lodged
in jail since 18.12.2025 and the final conclusion of the trial is likely to take
sufficient long time. It is also submitted that two other cases of similar nature
are also registered against the applicant, in which he has been arraigned only
on the basis of disclosure memo. Hence, it is submitted that the bail
application be allowed and he be released on bail.
5. Counsel for the respondent / State, on the other hand has opposed
the prayer and it is submitted that no case for grant of bail is made out,
however, it is not denied that the applicant has been implicated only on the
basis of the memo prepared under Section 23(2) of BSA, 2023 (27 of the
Evidence Act).
6. Having considered the rival submissions and on perusal of the case
diary, this Court finds force with the contentions raised by the counsel for
the applicant and further taking note of the fact that the applicant is lodged in
jail since 18.12.2025 and the final conclusion of the trial is likely to take
sufficient long time, in the considered opinion of this Court, the applicant's
application deserves to be allowed on certain strict terms.
7. Accordingly, without commenting on the merits of the case, the
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application filed by the applicant is allowed. The applicant is directed to be
released on bail upon furnishing a personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand) with one solvent surety of the like amount
to the satisfaction of the trial Court for his/her regular appearance before the
trial Court during trial with a condition that he / she shall remain present
before the court concerned during trial and shall also abide by the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973. If the
applicant is found to be involved in violation of any of the terms of this
order, an application for cancellation of his bail may be filed before the Trial
Court itself, who shall decide the same in accordance with law.
8. M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.
(SUBODH ABHYANKAR)
JUDGE
Bahar
