Ghanshyam 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 ofBharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he isimplicated in connection with Crime No.487/2024 registered at Police Station Nahargarh District- Mandsaur (MP) for offence punishable under Sections 8/15(c) of N.D.P.S. Act. The applicant is in custody since 3.2.2026.

3] The allegation against the applicant is that he was also involved in the aforesaid case, wherein 320 kg of poppy straw, a commercial quantity of which is 50 KG has been seized from an abandoned tractor trolley. It is alleged that the co-accused Gordhanlal was sitting on the same tractor on which the co-accused Arjun was also sitting, who fled from the spot when the police party approached.

4] Counsel for the applicant has submitted that the applicant has been falsely implicated in the matter. It is submitted that the applicant has been arraigned in the present case only on the disclosure memo recorded under section 23(1) of BSA of co-accused Arjun, and there is nothing on record to connect the applicant with the aforesaid offence. It is further submitted that co-accused Gordhanlal has been released on bail by this Court, passed in M.Cr.C.no. 39540/2025 order dated on 10.10.2025, and the other co-accused Arjun, has also been released on bail by this Court passed in M.Cr.C. no.51302/2025 vide order dated on 02.12.2025. It is further submitted that the applicant is lodged in jail since 3.2.2026, and the conclusion of trial will take sufficiently long time. Thus, the bail application be allowed.

5] Counsel for the respondent/State has opposed the prayer.

6] Having considered the rival submissions, perusal of the case diary and taking note of the fact that there is no tangible material available on record to connect him with the offence, except the disclosure memo under Section 23(1) of the BSA, 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 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. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

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