Nagesh Dholpuriya vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This first bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 438 of Cr.P.C.) has been filed by the applicant - Nagesh Dholpuriya for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.162/2026 registered at Police Station Barotha District Dewas (M.P.) for commission of offences under Section 8, 20 of NDPS Act.

2) As per the prosecution story it has been alleged that on 27.04.2026, Sub Inspector Mayank received information that a man, wearing a light blue shirt and white jeans, aged approximately 30-32 years, was about to arrive in village of Akhepur, near rajwada double chowki road, on the Indore Betul six lane highway service road carrying a white beg containing Marijuana, which he was planning to sell. Immediate action could lead to arrest of the accused along with consignment. After getting necessary investigation material from the outpost, police reached Akhepur near Betul Indore Road rajoda double chowki. Where as told by the informant, a person about 30-32 years of age was seen wearing blue shirt and white jeans. He had White coloured beg in his hand. On seeing the police, he got scared and tried to run away. He was caught with the help of accompanying staff. When asked his name he told his name Mukesh, resident of village Bangarda, Dewas. While searching Mukesh, a white coloured beg was found in his possession and on checking it, a plant substance known as Ganja Chausa seeds was found which was smelling like Ganja. The total weight of substance along with bag was found to be 887 grams. Accused Mukesh had written in his memorandum under section 23(2) of Bhartiya Sakshya Adhiniyam, he is fond of smoking Ganja and he had gone to the house of Nagesh son of Ashok, resident of Tirgiya Goga, to buy ganja for smoking. Nagesh Told him to sell his Ganja and for that he would give commission. He was roaming from village to village selling Ganja wrapped in paper in white bag.

3) Learned counsel for the the applicant submits that he is innocent person and has falsely been implicated in the present case. It is submitted that the present applicant has been made accused on the basis of memorandum of the co-accused. He is a permanent resident of District -Dewas and there is no possibility of his absconding or tampering with the prosecution evidence, if released on bail. There are no criminal antecedents of same nature of the present applicant. Under these grounds, counsel for applicant prayed for grant of bail to the applicant.

4) Per contra, learned counsel for the respondent/State opposes the prayer.

5) Having considered the rival submissions and on perusal of the case diary and documents filed on record, this Court is inclined to allow the present application, as the custodial interrogation of the applicant does not appear necessary.

6) Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

7) The applicant shall further abide by other conditions enumerated under Section 482 (2) of the B.N.S.S. and shall cooperate in the investigation, otherwise this bail order shall automatically stand cancelled.

Certified copy as per rules.