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Madhya Pradesh High Court
Pawan Meena vs The State Of Madhya Pradesh on 9 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8164
1 MCRC-10663-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10663 of 2026
PAWAN MEENA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Satyendra Singh Rajput - Advocate for the petitioner [P-1].
Shri Harish Sharma Dyga appearing on behalf of Advocate General[r-1].
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant has been arrested on 30.1.2026 by Police Station-
Madhusudangarh, District Guna in connection with Crime No.228/2021, registered
in relation to the offence punishable under Sections 8/21, 29 of NDPS Act.
The prosecution story in brief is that on 18.11.2021, on the basis of secret
information received from an informer, the police team reached village
Dhakkapura. During the search operation, one person was apprehended who
disclosed his name as Hemant alias Manchala. Upon conducting his personal
search, a small plastic packet was recovered from his pocket containing 6 grams of
smack, which he was allegedly possessing illegally. On the basis of the said
recovery, the co-accused Hemant alias Manchala was arrested. His memorandum
statement under Section 27 of the Evidence Act was recorded, in which he stated
that he had purchased the smack from Bablu Meena. Thereafter, on the basis of the
said disclosure statement, Bablu Meena was arrested on 08.02.2022. His
NEUTRAL CITATION NO. 2026:MPHC-GWL:8164
2 MCRC-10663-2026
memorandum statement under Section 27 of the Evidence Act was also recorded,
in which he stated that he had obtained the smack from Mahendra Meena and
applicant. On the basis of the said statement, the present applicant has been
arrested and taken into custody.
Learned counsel for the applicant/accused has submitted that the applicant is
innocent and has been falsely implicated. It is further submitted that the applicant
has been in custody since 30.1.2026. As the contraband has already been seized
and the investigation is almost complete, there is no requirement for further
custodial interrogation. The applicant is a permanent resident of District Guna and
there is no likelihood of his absconding or tampering with prosecution evidence if
released on bail.
Per contra , learned Public Prosecutor has vehemently opposed the
application and submits that applicant is having criminal antecedents of four cases
and hence prayed for rejection of the bail application.
Heard learned counsel for the rival parties and perused the case diary.
Considering the overall facts and circumstances of the case, nature of
allegations and looking to the alleged quantity, coupled with the fact that the trial
is not likely to conclude in near future and prolonged pre- trial detention being an
anathema to the concept of liberty, this Court is inclined to extend the benefit of
bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this
application is allowed and it is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) with two local solvent sureties of the like amount to the satisfaction of the
trial Court/committal Court for his appearance on the dates given by the concerned
Court.
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This order will remain operative subject to compliance of the following
conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond
executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge themselves in extending inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to the Police Officer, as the case may be;
4 . The applicant shall not commit any other offence during pendency of the trial,
failing which this bail order shall stand cancelled automatically, without further
reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
