Sarjeet Singh vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 302/2020 registered at Police Station - Jaora City, District Ratlam(M.P.) for the offences punishable under Sections 8/15 and 29 of NDPS Act, 1985. Applicant is in detention since 21.04.2026.

The allegation against the applicant is that accused Raja and Nadeem were found in possession of narcotic contraband - poppy straw total quantity 47.5 kg in three different bags. The said accused persons in their memo recorded before the police informed that the contraband was procured by one Ramzan and has to be delivered to one Sardarji (applicant) at Sher-e-Punjab Dhaba. Accordingly, FIR was registered against the applicant.

Learned counsel for the applicant submits that it is a case of bail jump. He further submits that the applicant was enlarged on bail by the learned Special Court vide order dated 12.07.2024, passed in B.A. No. 307/2024 on certain conditions, including the condition that he has to appear on the dates fixed before the trial Court, but the applicant has failed to mark his presence before the Court on 13.04.2026. It is further submitted that an application u/S 355 of BNSS, 2023 was filed before the trial Court specifically mentioning the reason for his non-appearance on the said date i.e. he was suffering from Fatty Liver Condition and was admitted in Phoenix Multispeciality Hospital on 13.04.2026. However, the said application was rejected and, thereafter warrant of arrest has been issued against him. The applicant has filed bail Accordingly, applicant was arrested on 21.04.2026, and, therefore, there is no intention to avoid any proceedings. Applicant is aged about 40 years. Since the trial Court has taken action and now the applicant has learnt a lesson, he will abide by any conditions as may be imposed by this Court. It is submitted that the lapse was bonafide and inadvertent. Now the applicant shall ensure his appearance before the trial Court personally or through his counsel on each and every date as may be fixed in this regard and shall not seek unnecessary adjournments. Considering the fact that the trial would take time to conclude and as the applicant is behind bar since 21.04.2026, his application may be considered. It is further submitted that he will abide by all the conditions imposed by the Court, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.

The counsel for the State has opposed the application and submits that prima-facie the condition is breached. However, the Court may proceed to pass appropriate order in the totality of facts and circumstances of the case.

5 . I have considered the rival submission made at the Bar and perused the case diary.

Considering the totality of the circumstances and the fact that the applicant has committed default in not attending the proceedings of trial, though it was specifically directed by the Court to cooperate in the process of trial without any default when his bail application was considered by the learned Special Court. However, considering the justification given by the applicant for his non-appearance on only one date of hearing i.e. 13.04.2026 and also that he has filed an application u/S 355 of BNSS, 2023 seeking exemption from appearance, without commenting on merits of the case, in the interest of justice, this Court is inclined to release the applicant on bail on same terms and conditions as granted by Learned Special Court vide order dated 12.07.2024 with additional condition that he will furnish two local sureties so that his presence is ensured. Therefore, without commenting on the merit of the case, the application is allowed. However, it is expected that when a condition is imposed on the accused person who is seeking bail from the concerned Court, such condition is required to be fulfilled in letter and spirit, without any default.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. In addition to this, (i) he shall not influence the proceedings of trial ;(ii) he shall make himself available as and when required in trial; (iii) he shall not involve himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (iv) he shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

He shall strictly follow all above mentioned conditions. He shall not violate any of the conditions otherwise it will be open for the prosecution to pray for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.