Pushkar vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.146/2021 registered at Police Station Jawad, District Neemuch (MP) for offence punishable under Section 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 15/12/2025.

Allegation against the applicant is that he was also involved in the aforesaid case wherein 9 quintal 86 kg poppy straw has been seized from the possession of co-accused Vagaram, who has already been granted bail by this Court in M.Cr.C. No.19190/2024 vide order dated 10/05/2024 on the ground of delay in trial.

4] Counsel for the applicant has submitted that identically placed co-accused Hukmaram has already been granted bail by this Court in M.Cr.C. No.35605 of 2024 dated 20.08.2024, and the case of the applicant is identical to that of co-accused Hukmaram. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer.

6] Having considered the rival submissions, perusal of the case-diary as also the order passed in M.Cr.C. No.35605 of 2024 dated 20.08.2024, this Court is inclined to allow the present application.

7] Accordingly, maintaining the parity, 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] However, it is 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, which shall decide the same in accordance with law.

9] Accordingly, the application is allowed and disposed of. C.c. as per rules.