[Cites 9, Cited by 0]
Madhya Pradesh High Court
Rajendra Kumar vs Union Of India on 13 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:6700
1 MCRC-2585-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 13th OF MARCH, 2026
MISC. CRIMINAL CASE No. 2585 of 2026
RAJENDRA KUMAR
Versus
UNION OF INDIA
Appearance:
Palash Choudhary - Advocate for the petitioner [P-1].
Hemant Sharma appearing on behalf of Advocate General[r-1].
Manoj Kumar Soni, learned counsel for the respondent [R-1].
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is the second 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.22/2023 registered at Police
Station Central Narcotics Bureau, Neemuch, District Neemuch (MP) for
offence punishable under Section 8/15, 25 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985. The applicant is in custody since
14/07/2025. His first bail application M.Cr.C. No.37415/2025 was
withdrawn on 27/10/2025 with liberty to renew prayer after filing of the
charge sheet.
3. Allegation against the applicant is that he was also involved in the
aforesaid case wherein 289.150 kg of poppy straw has been seized from the
NEUTRAL CITATION NO. 2026:MPHC-IND:6700
2 MCRC-2585-2026
possession of co-accused Nahar Singh and Sher Singh, who have disclosed
that out of the said quantity, 40 kg was brought by them from the present
applicant.
4. Counsel for the applicant has submitted that 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.
It is submitted that no other material is available on record to connect the
applicant with the offence except the aforesaid memo and the charge sheet
has already been filed. It is further submitted that the applicant is lodged in
jail since 14/07/2025 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 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 as one
more case of NDPS Act is registered against him, 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) and the
counsel for the applicant has submitted that in the said case, the applicant
was already convicted and he is already on bail.
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 apart from the memo,
there is nothing on record to connect the applicant with the offence, who is
lodged and jail since 14/07/2025 and that the final conclusion of the trial is
NEUTRAL CITATION NO. 2026:MPHC-IND:6700
3 MCRC-2585-2026
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
