Keshav Sen vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 18.01.2026 by Police Station-Fatehgarh, District Guna in connection with Crime No.12/2026, registered in relation to the offence punishable under Sections 8/20, 29 of NDPS Act.

As per prosecution story, 1.930 kilograms of the narcotic substance ganja was seized by the police from the joint and conscious possession of co-accused Akhlaq and Inderjeet while they were transporting the same. Further, from the possession of co-accused Inderjeet, the police seized at the spot a motorcycle without registration number, bearing chassis number MD2B63AX8RPF37978, which was being used for the transportation of the said narcotic substance. It is further revealed that in the memorandum statements of the applicant/accused and the co-accused persons recorded under Section 23(2) of the Indian Evidence Act, there is a clear disclosure regarding the purchase and sale of the narcotic substance ganja.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is contended that no contraband has been seized from the possession, conscious or otherwise, of the present applicant, and he was not apprehended at the spot from where the alleged recovery of ganja has been shown. It is further submitted that the implication of the applicant is based solely on the memorandum statements of the co-accused persons, which are inadmissible in evidence as against the present applicant and cannot form the sole basis for denial of bail. The applicant has been in custody since 18.01.2025 and further custodial interrogation is not required, as the investigation is substantially complete. Learned counsel further submitted that the applicant is a permanent resident of District Guna, therefore, there is no likelihood of his absconding or tampering with the prosecution evidence. The trial is likely to take a considerable time to conclude. It is further submitted that co-accused Bablu Dhakad has already been granted bail by this Court vide order dated 29.01.2026 passed in M.Cr.C. No.4361/2026 and the case of present applicant is similar to that of co-accused. Hence, it was prayed that the applicant be enlarged on bail on the ground of parity also.

Learned counsel for the State does not dispute the factum of parity. Considering the overall facts and circumstances of the case, nature of allegations and looking to the ground of parity with the co-accused, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.