Citation : 2026 Latest Caselaw 3119 MP
Judgement Date : 31 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10685
1 MCRC-14227-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 31st OF MARCH, 2026
MISC. CRIMINAL CASE No. 14227 of 2026
ASHUTOSH SHRIVASTAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aman Usmani - Advocate for the applicant.
Shri Atul Kumar Sharma - PP for the State.
WITH
MISC. CRIMINAL CASE No. 14239 of 2026
SAVAN SINGH RATHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aman Usmani - Advocate for the applicant.
Shri Atul Kumar Sharma - PP for the State.
ORDER
These are second applications filed by the applicants under Section 483 of the BNSS for grant of bail. The applicants have been arrested on 26.01.2026 in connection with Crime No.28/2026 registered at Police Station
- Gola Ka Mandir, District Gwalior (M.P.) for the offence under Sections 8/20 of NDPS Act. Their first applications were dismissed as withdrawn with liberty to renew their prayer after filing of challan by the Coordinate Bench.
NEUTRAL CITATION NO. 2026:MPHC-GWL:10685
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2. As per prosecution case, 18 kg 964 gms of ganja has been seized from the joint possession of the present applicants.
3. Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in this case. They are in custody since 26.01.2026. It is further submitted that quantity of seized ganja does not come within the purview of commercial quantity. Since recovery has been made, therefore, there is no requirement of further custodial interrogation of the applicants. Investigation is over and charge-sheet has been filed. The applicants do not bear any criminal record. They are ready to abide by all the conditions as imposed by this Court. Under these circumstances, counsel for the applicants prays for grant of bail.
4. Per contra, learned State counsel vehemently opposed the bail application and prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case diary available on record.
6. Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case as well as quantity of seized article, but without expressing any opinion on merits of the case this applications are allowed and it is directed that the applicants be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
7. This order will remain operative subject to compliance of the following conditions by the applicants:-
NEUTRAL CITATION NO. 2026:MPHC-GWL:10685
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i) The applicant(s) will comply with all the terms and conditions of the bond executed by him/them;
ii) The applicant(s) will cooperate in the investigation/trial, as the case may be;
iii) The applicant(s) will not indulge himself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant (s) shall not commit any other offence or will not repeat the offence in future.
v) The applicant(s) will not seek unnecessary adjournments during the trial; and
vi) The applicant(s) will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. The applications are allowed and disposed of.
9. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
10. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
NEUTRAL CITATION NO. 2026:MPHC-GWL:10685
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