IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY

th

ON THE 7 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 51457 of 2025

AJAY MISHRA

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Ms. Vidhi Singh- Advocate for the applicant.

Shri Devendra Shukla- Panel Lawyer for respondent/State.

ORDER basis of this, FIR was registered bearing Crime No.338/2025 for offence punishable under Sections 8, 21, 22 of NDPS Act and Section 5/13 of M.P. Drugs Control Act has been registered against the applicant and the co-

This is first bail application filed on behalf of the applicant under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of

bail.

2. The applicant is in custody since 22.09.2025 in connection with Crime No.338/2025 registered at Police Station Raipur Karchuliyan, District Rewa (M.P.), for the offence punishable under Sections 8, 21, 22 of NDPS Act

and Section 5/13 of M.P. Drugs Control Act.

3. As per the prosecution case, the applicant along with co-accused were sitting under the over-bridge and carrying/keeping a bag between the applicant and the co-accused, containing 34 bottles of contraband. On 22.09.2025 the police personnel of Police Station Raipur Karchuliyan, Rewa has recovered total 34 bottles each containing 100 ml of onrex cough syrup from the joint possession of the present applicant and co-accused. On the

accused.

4 . Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. It is further submitted that the so-called bottles of the cough syrup were lying under the over bridge in an open place, therefore, the applicant is not responsible for any illegal act with respect to the dealing of said seized contraband. Thus, learned counsel for the applicant implores that the applicant may be granted bail.

5. Per contra, learned counsel for the respondent/State has vehemently opposed the application and submitted that the contraband namely 34 bottles of onrex cough syrup have been recovered from the conscious possession of the applicant and co-accused. It is further submitted that there is one more case pertaining to under Section 392 of IPC was registered against the applicant. Thus, he prays that the application deserves outright dismissal.

6. Looking to the overall facts and circumstances of the case, onrex cough syrup quantified in 34 bottles each containing 100 ml cough syrup was recovered from the possession of applicant along with co-accused and considering the fact that there is no criminal past of the applicant of alike nature and he is in custody since 22.09.2025, therefore, this Court deems it appropriate to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, this application is allowed.

7. It is directed that the applicant Ajay Mishra be released on bail upon his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two surety of the like amount to the satisfaction of the trial court concerned for his appearance before it on all such dates as may be fixed in this regard.

8. On being released on bail, the applicant shall abide by the conditions enumerated in Section 480(3) of BNSS.

9. M.Cr.C. stands disposed of.

Certified copy as per rules.

(RAMKUMAR CHOUBEY)

JUDGE SS