Arvind vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.111/2025 registered at Police Station Afzalpur, District- Mandsaur (MP) for offence punishable under Sections 8/15 ,22 and 29 of N.D.P.S. Act. The applicant is in custody since 22.09.2025.

3] The allegation against the applicant is that he was also involved in the aforesaid case, wherein 5.900 Kg poppy straw has been found from the possession of co-accused persons Gaffar and Farukh and further found 75 gram MD from the possession of co-accused Farukh, and in their memo under section 23(2) of BSA, which, according to them, have obtained the same by the present applicant.

4] Counsel for the applicant has submitted that apart from the aforesaid memo, there is nothing on record to connect the applicant with the offence. It is further submitted that earlier the applicant had filed an anticipatory bail. application; however the same was dismissed with liberty to surrender before the trial Court, and subsequently the applicant has surrendered before the trial Court. It is further submitted that the applicant has been lodged in jail since 22.9.2025 and the conclusion of trial will take sufficient long time. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer.

6] Having considered the rival submissions and on perusal of the case-diary, and taking note of the fact that there is no other case registered against the applicant and that the applicant is arraigned only on the basis of disclosure memo of the co-accused persons and that the applicant has been lodged in jail since 22.9.2025 and the conclusion of trial will take sufficient long time, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby 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.

8] Accordingly, the application is allowed and disposed of.

C.c. as per rules.