[Cites 5, Cited by 0]
Madhya Pradesh High Court
Khansher vs The State Of Madhya Pradesh on 30 January, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:3148
1 MCRC-56792-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 30 th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 56792 of 2025
KHANSHER
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhay Saraswat - Advocate for the applicant.
Shri Hemant Sharma - G.A. for the State along with Shri Varsingh, SHO,
P.S. Bhaugarh, District Mandsaur.
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is the fourth 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.172/2024 registered at Police Station, Bhaugarh,
District Mandsaur (MP) for offence punishable under Section 8/15 and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in
custody since 11/10/2024. His earlier three bail applications have been temporarily
allowed on 28/01/2025, 10/03/2025 and 02/05/2025.
3. Allegation against the applicant is that he was involved in the aforesaid
case, wherein, he was found in possession of 70.250 kg of poppy straw, the
commercial quantity of which is 50 kg, which was being transported in a
Mahindra Thar vehicle.
4. Counsel for the applicant has submitted that the applicant has been falsely
implicated in the case as according to him, he was not even present on the spot but
NEUTRAL CITATION NO. 2026:MPHC-IND:3148
2 MCRC-56792-2025
the prosecution has made up a case of seizure on 11/10/2024. According to the
applicant, he was actually taken by the police including the police personnel of
Daloda police station and Y.D. Nagar police station, Mandsaur on 06/10/2024 at
around 9:00 O'clock in the night when the applicant was having dinner with other
acquaintances and, a complaint regarding which was also filed by the father of the
applicant on 07/10/2024 but no action was taken on the same and instead, a false
case has been slapped against him. Counsel has also drawn the attention of this
Court to the complaint made by the father of the applicant to the S.P. Mandsaur as
also other persons of the village to substantiate his contention. Counsel has
submitted that in the earlier case, which was registered against the applicant at
crime No.227/2011, he has already been acquitted, a copy of the judgement is also
filed on record and thus, it is submitted that only because of his criminal past, he
is again falsely implicated in the case.
5. Counsel has also submitted that this Court had also given certain
directions to the concerned police officer to find out about the details of the mobile
phone, which was being used by the applicant at the time of seizure as according to
him, the said phone is presently being used by one Nandini Rathore when he
called the said number. It is also submitted that the applicant is lodged in jail since
11/10/2024 and the final conclusion of the trial is likely to take sufficient long
time. Hence, it is submitted that the bail application be allowed and the applicant
be released on bail.
5. Counsel for the respondent, on the other hand has opposed the prayer and
it is submitted that no case for grant of bail is made out looking to the commercial
quantity of contraband, and so far as the documents relied upon by the counsel for
the applicant are concerned, he can prove them in the trial Court where the
evidence is being recorded. It is also submitted that so far as mobile number which
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3 MCRC-56792-2025
was informed by the applicant is concerned, the same does not belong to the
present applicant and presently the said number is also not in use.
6. Heard. Having considered the rival submissions and on perusal of the
case diary, and considering the defence taken by the applicant, and the fact that his
father had already made a complaint to the concerned police station prior to the
incident and the fact that the applicant is lodged in jail since 11/10/2024 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.
7. Accordingly, without commenting on the merits of the case, the
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.
Certified copy as per rules.
(SUBODH ABHYANKAR)
JUDGE
krjoshi
