Shravan Shukla vs State Of Madhya Pradesh

Ramkumar Choubey, J

This is second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the applicant for grant of regular bail relating to Crime No.583/2025 registered at Police Station-Chorhata District Rewa for the offence punishable under Sections 8, 20, 21, 22, 25, 25(a) of NDPS Act and section 5/13 of Drug Control Act. Applicant is in custody since 6.11.2025.

Applicant's first application was dismissed in the light of observations made by the Supreme Court in the case of Zeba Khan v. State of U.P. and Others, 2026 SCC OnLine SC 188 for want of particulars of criminal antecedents. This second application has been filed after disclosing all particulars of criminal antecedents of the applicant.

As per the prosecution story, total 58 bottles of cough syrup containing codeine phosphate was recovered from the possession of the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The charge sheet has already been filed. The applicant is in custody since 6.11.2025 and trial will take considerable time to conclude. Thus, it is prayed that the present applicant may be released on bail.

On the other hand, learned counsel for the respondent-State while opposing the bail application submitted that the applicant has criminal antecedents showing as many as five other cases, however none of them are under NDPS Act. Thus, he prays for dismissal of this application.

Considering all the facts and circumstances of the case and without commenting anything on the merits of the case, this Court is inclined to enlarge the applicant on bail subject to some stringent condition. Thus, this application is allowed.

It is directed that the present applicant Shravan Shukla shall be enlarged on bail his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicant shall comply with the provisions of Section 480 (3) of BNSS.

It is made clear that in case of any subsequent registration of alike offence against the present applicant, it shall be considered as violation of the conditions of this bail order and in that event, the applicant would become disentitled to remain on bail under this order and trial Court shall be free to treat this order as cancelled and proceed against applicant further in accordance with law.

Accordingly, this M.Cr.C. stands allowed and disposed of.