IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 828 of 2026 SURAJ PRAKASH PANDEY Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Sushil Giri Goswami- Advocate for the applicant. Shri K.S. Patel- Panel Lawyer for the respondent/State.

ORDER This is first 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.18/2023 registered at Police Station Laur, District Rewa for the offence punishable under Sections 8, 21, 22 and 25 of NDPS Act and Section 5/13 of M.P. Drugs Control Act. The applicant is in custody since 24.12.2025.

2. As per case of prosecution, on 16.01.2023, 1080 bottles of cough syrup were recovered from the vehicle bearing registration No. HR51AR8411 and the vehicle in question was belong to the applicant who has sold to the co-accused Sanjay Lonia.

3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. Nothing has been recovered from the possession of the present applicant. At the time of recovery, applicant was not board in the vehicle. He has already sold the said vehicle to the co-accused Sanjay Lonia. It is further submitted that the incident is of year 2023 whereas the applicant was arrested on 24.12.2025 only because the main accused Sanjay Lonia could not be arrested and he is absconding. Thus, it is prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for the respondent/State while opposing the bail application submitted that the applicant was associated with the other co-accused persons in illicit transaction of cough syrup. It is also submitted that there are two other cases under the NDPS Act were also registered against the applicant. Thus, he prays for dismissal of this bail application.

5. Considering the arguments advanced by learned counsel for both the parties and the very fact that the cough syrup was recovered from the vehicle which was already sold by the present applicant to the co-accused Sanjay Lonia and the applicant was arrested after long time from the date of incident though it is the prosecution version that the applicant was absconded or not available during that period, without commenting anything on the merits of the case, this application is allowed.

6. It is directed that the present applicant Suraj Prakash Pandey shall be enlarged on bail his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one 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.

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

(RAMKUMAR CHOUBEY)

JUDGE SS