[Cites 3, Cited by 0]
Madhya Pradesh High Court
Shiv vs The State Of Madhya Pradesh on 31 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:8461
1 MCRC-11555-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 31st OF MARCH, 2026
MISC. CRIMINAL CASE No. 11555 of 2026
RADHE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aman Mourya - Advocate for the applicant.
Shri Surendra Singh Alawa - GA for the respondent/State.
WITH
MISC. CRIMINAL CASE No. 9344 of 2026
SHIV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Kumar Bhargava - Advocate for the applicant.
Shri Surendra Singh Alawa - GA for the respondent/State.
ORDER
This order shall govern the disposal of M.Cr.C. Nos.11555/2026 &
9344/2026 as both these cases have arisen out of the same crime
No.361/2025 registered at P.S. Malharganj, Indore (M.P.).
1. They are heard. Perused the case diary/challan papers.
2. These are the applicants' first bail applications under Section 483 of
Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure
NEUTRAL CITATION NO. 2026:MPHC-IND:8461
2 MCRC-11555-2026
Code, 1973), as they are implicated in connection with Crime No.361/2025
registered at P.S. Malharganj, Indore (M.P.) for offence punishable under
Section 8/21 of NDPS Act. The applicants are lodged in jail since
31.12.2025.
3. The allegation against the applicants is of their involvement in the
aforesaid case, wherein 10.05 gram brown sugar, commercial quantity of
which is 250 gram, has been seized from the joint possession of the
applicants.
4. Counsel for the applicants has submitted that the applicants are
innocent and they have been falsely implicated in this case. It is further
submitted that the charge sheet has already been filed and there is no FSL
report filed along with it to suggest that the seized contraband was actual
narcotic drug. Applicant are in jail since 31.12.2025 and the final conclusion
of trial is likely to take sufficient long time. Hence, it is submitted that the
bail applications be allowed and applicants 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 FSL report has not been filed.
6. Having considered the rival submissions and on perusal of the case
diary, this Court finds force in the submissions as advanced by the counsel
for the applicants, and further taking note of the fact that applicants are
lodged in jail since 31.12.2025 and final conclusion of the trial is likely to
take sufficient long time, in the considered opinion of this Court, the
applicants' application deserves to be allowed.
NEUTRAL CITATION NO. 2026:MPHC-IND:8461
3 MCRC-11555-2026
7. Accordingly, without commenting on the merits of the case, both
the applications filed by the applicants are allowed. The applicants-Radhe
and Shiv are directed to be released on bail upon furnishing a personal bond
in the sum of Rs.25,000/- (rupees twenty five thousand) each with one
solvent surety each of the like amount to the satisfaction of the trial Court for
their regular appearance before the trial Court during trial with a condition
that they 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.
8. However, it is directed that if the applicants are found to be involved
in violation of any of the terms of this order, an application for cancellation
of their bail may be filed before the trial Court itself, which shall decide the
same in accordance with law.
9. Both the MCRCs stands allowed and disposed of.
10. Signed order be kept in the file of MCRC No.11555/2026 and a
copy thereof be placed in the connected MCRC No.9344/2026.
(SUBODH ABHYANKAR)
JUDGE
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