Rahul @ Vijay vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first application has been filed by applicant under 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of bail in connection with Crime No. 362/2025 registered at Police Station - Namli, District-Ratlam(M.P.) for offence punishable under Section(s) 8, 15, 29 of the NDPS Act. The applicant is in judicial custody since 6.12.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in this matter, merely on basis of information given by co-accused Mangilal in police custody, which is not admissible in evidence in view of the law laid down in the cases of Deepak Bhai Vs. State of Gujarat reported in (2020) 2 SCC (Cri.) and Tofan Singh Vs State of Tamil Nadu reported in (2021) 4 SCC 1. No incriminating material, much less, narcotic contraband was seized from the active, immediate and conscious possession of the applicant. No C.D.R. or money trail is available to show the complicity of the applicant in the alleged offence. The final report has been submitted against applicant Rahul on completion of investigation. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant. Applicant is ready to co-operate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. Applicant is aged around 25 years. He is blacksmith by profession.

As per the accusation,Inspector Ramesh Koli of the Police Station Namli received information during highway patrolling that a vehicle is stuck in mud near 8-Lane road. When he reached the spot of information, a black colour Fortuner car bearing registration No. MP-04-ED-2632 was found stuck in the mud. No-one was found near the vehicle. The vehicle was taken to outpost Baroda with the help of JCB. On search of the Fortuner vehicle, the registration number plate MH-01-DK8675, toll receipts and 14 gunny bags containing narcotic contraband poppy straw total quantity 223 kg were recovered. The Police Station Namli registered FIR for offence punishable under Section 8 and 15 of the NDPS Act against unknown offender. On secret information, co-accused Mangilal Bishnoi was apprehended on 30.09.2025. Mangilal informed that he and his associates Kishore, Hansraj and Kamal were transporting the narcotic contraband poppy straw in the Fortuner vehicle. He informed that Rahul Patidar and Rahul Lohar (applicant) had provided them narcotic contraband poppy straw at Sitamau. The vehicle got stuck in the mud, therefore, they left the vehicle and went to get another vehicle. Meanwhile, police intercepted the vehicle. Accordingly, Rahul Lohar was arrested on 6.12.2025. He is in custody ever since. However, no incriminating material viz, call detail reports or money trail showing complicity of the applicant in the alleged offence was recovered during investigation. Co-accused Kamal has been extended benefit of bail vide order dated 20.1.2026 passed in MCRC No. 54370/2025. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. In absence of specific incriminating material, this Court is of the considered opinion that the interdict contained under Section 37(1)(b) of the NDPS Act would not operate against the applicant.

As informed, the applicant has family responsibility of aged parents. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Rahul @ Vijay Lohar shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.75,000/-(Rupees Seventy Five Thousand only) with one surety of the same amount to the satisfaction of the trial Court, for compliance with the following conditions : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the trial Court may consider, on merit, cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he/she had explained the conditions to the concerned accused or the surety.

C.C. as per rules.