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Vedansh Awasthi vs The State Of Madhya Pradesh
2026 Latest Caselaw 4309 MP

Citation : 2026 Latest Caselaw 4309 MP
Judgement Date : 4 May, 2026

[Cites 5, Cited by 0]

Madhya Pradesh High Court

Vedansh Awasthi vs The State Of Madhya Pradesh on 4 May, 2026

Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
                                                               1                           MCRC-20144-2026
                                IN     THE     HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                      ON THE 4 th OF MAY, 2026
                                              MISC. CRIMINAL CASE No. 20144 of 2026
                                                      VEDANSH AWASTHI
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                     Shri Sampooran Tiwari - Advocate for the applicant.
                                     Shri Himanshu Tiwari - PL for respondent/State.

                                                                   ORDER

This second application has been filed by applicant under 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of bail in connection with Crime No. 49/2026 registered at Police Station- Bargi, District Jabalpur (M.P.) for offence punishable under Section(s) 8/20 & 29 of the NDPS Act. The applicant is in judicial custody since 03.02.2026.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence merely on suspicion. The narcotic contraband ganja was not seized from the active and conscious possession of the applicant. The due

2 MCRC-20144-2026 procedure for search and seizure was not complied with. Applicant is young boy aged 19 years, who is pursuing studies and still the dependent on family. It is further submitted that applicant has clean past, with family roots. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the young applicant. Applicant is ready to cooperate in the trial.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. The applicant is aged around 19 years and he is a student.

6. As per the accusation on case diary, Sub-Inspector Anil Kumar of Police

Station Bargi, acting on secret information, conducted a search of the Nandan Bus on 02.02.2026. During the search, narcotic contraband (ganja) was recovered from the shoulder bag of Shivam Kaserwani, the shoulder bag of Golu @ Annu Dhusiya, the carry bag of Rupesh Raikwar, and a blanket belonging to Vedansh Awasthi (the present applicant). On personal search of the applicant and the co-accused persons, a total quantity of 6.739 kilograms of ganja was seized from their joint possession. On such allegations, Police Station- Bargi registered FIR for offence punishable under Sections 8/20 & 29 of NDPS Act. The applicant was arrested on 03.02.2026 and he is in custody ever since. The trial would take time to conclude. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution and due compliance with the procedure for search and seizure, will be determined after evidence in the

3 MCRC-20144-2026 trial.

7. As informed, the applicant is pursuing studies and still dependent on the family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the young applicant. However, the observations, herein- above, are recorded for present application only.

8. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

9 . Accordingly, it is directed that applicant- Vedansh Awasthi shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the same amount to the satisfaction of the trial Court, for compliance with the following conditions :

(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;

(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा । (2) Applicant shall not commit or get involved in any offence of similar nature; (2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा । (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any

4 MCRC-20144-2026 person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा । (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;

(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।

10. This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the trial Court may consider, on merit, cancellation of bail without any impediment of this order.

11. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he/she had explained the conditions to the concerned accused or the surety.

12. C.C. as per rules.

(SANJEEV S KALGAONKAR) JUDGE sm

 
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