[Cites 5, Cited by 0]
Madhya Pradesh High Court
Sunil vs The State Of Madhya Pradesh on 29 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:2878
1 MCRC-58051-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 29th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 58051 of 2025
SUNIL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Vedika Arora advocate for applicant.
Shri Ayushyaman Choudhary public prosecutor for State.
ORDER
1. This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No. 73/2025,
registered at Police Station - Dewas Gate, Ujjain, District Ujjain (M.P.) for
offence punishable under Section 8, 20, 29 of NDPS Act. Applicant is in
judicial custody since 20.09.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application and the
relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant has been falsely implicated in
this matter, merely on basis of information given by co-accused in police
custody, which is not admissible in view of the laid down in the cases of
Deepak Bhai Vs. State of Gujarat reported in (2020) 2 SCC (Cri.) and Tofan
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Singh Vs State of Tamil Nadu reported in (2021) 4 SCC 1. No incriminating
material, much less, narcotic contraband Ganja was seized from the active,
direct, immediate and conscious possession of the applicant. The seizure
witness Dilip Rathore (PW-1) and Harphool (PW-2) have been
examined. There is no likelihood of tampering with remaining evidence by
the applicant. Jail incarceration is causing hardship to the applicant.
Applicant is ready to co-operate in the trial. The alleged offence is not
heinous or brutal in nature affecting society at large. Therefore, he may be
extended benefit of bail.
5 . Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. The applicant is aged around 45
years and works in a hotel. Learned counsel further refers 27 criminal
antecedents against the applicant as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in RCT No. 1414/2017 vide order dated 23.09.2019,
in RCT No. 2052/2016 vide order dated 31.7.2025, in RCT No. 722/2017
vide order dated 22.4.2024, in crime No. 434/2018 vide order dated
28.10.2025 and in crime No. 190/2019 vide order dated 8.6.2024. The
applicant has been acquitted in crime No. 160/1997. In relation to crime No.
270/2011, crime No. 48/2014, crime No. 225/2014, crime No. 258/2016, the
applicant was acquitted in terms of compromise vide orders dated
15.12.2012, 15.12.2015, 21.4.2015 and 29.4.2017.
7. The applicant has been sentenced to imprisonment of TRC and fine
in relation to crime No. 109/2014 vide order dated 16.4.2016, in crime No.
42/1994 and crime No. 138/2001, the applicant has been sentenced to
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imprisonment of TRC and fine of Rs. 200/- and Rs. 300/- respectively. The
applicant has been sentenced to imprisonment of TRC and fine of Rs. 500 in
relation to crime No. 260/2004 and in crime No. 128/2006, the applicant has
been sentenced to imprisonment of TRC and fine.
8. In relation to crime No. 36/2016 the sentence awarded to the
applicant has been reduced to the period already undergone vide order dated
29.12.2023 passed in Cri.A. No. 1425/2020. As per the applicant, the matters
relating to FIR No. 20/1995, 145/1998, 264/2001, 220/2002, 204/2003,
505/2004, 233/2012 have been disposed off. Other matters are pending for
trial.
9. As per the accusation on case diary, Sub Inspector Purushottam
Singh Goutam of the Police Station Dewas Gate received secret information
about transportation of narcotic contraband on 15.6.2025 near Chamunda
Square. Co-accused Sanju @ Sanjay was intercepted. A white colour bag was
seized from his hand. On search of the bag, narcotic contraband Ganja, total
quantity 1 kg and 130 gram was recovered and seized. The applicant was
apprehended on the spot. The Police Station Dewas Gate registered FIR for
offence punishable under Section 8, 20 of NDPS Act against Sanjay Gupta.
He informed that his brother Sunil Gupta has given him the narcotic
contraband. Accordingly, the applicant Sunil was apprehended on
20.09.2025. He is in custody ever since. The seizure witness Dilip Rathore
(PW-1) and Harphool (PW-2) have been examined. The trial would take time
to conclude. The fact remains that the narcotic contraband was not seized
from direct and immediate possession of the applicant. No incriminating
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material, viz, money trail or Call Detail Report is available to show
complicity of the applicant in the alleged offence. The contentions advanced
by the applicant have prima facie merit and cannot be dismissed as
manifestly baseless. The veracity of the prosecution and complicity of the
applicant will be determined after evidence in trial.
10. As informed, the applicant has family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice.
Considering the socio-economic status of the applicant, there appears to be
no likelihood of 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.
11. 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, however, on stringent
conditions in view of his criminal antecedents. Thus, the application is
allowed.
12. Accordingly, it is directed that applicant-Sunil Gupta 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):-
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(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 any nature;
(2) आवेदक कसी 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;
(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
(6) The applicant shall mark his presence before the SHO, P.S.- Dewas Gate District
Ujjain on first Saturday of every month till conclusion of trial. A copy of this order be
forwarded to the concerned SHO for compliance with the case diary.
13. 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.
14. 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
BDJ
