Bail may be granted when the primary evidence against the accused is a disclosure statement and there are no criminal antecedents, particularly when the trial is expected to be prolonged.

ORDER

1. They are heard. Perused the case diary / challan papers.

2. This is the first bail application filed by the applicant under Section 483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.307/2025 registered at Police Station Bhanpura, District Mandsaur (MP) for offence punishable under Section 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 21/11/2025.

3. Allegation against the applicant is that he was also involved in the aforesaid case wherein 1211 kg of poppy straw has been seized from the joint possession of co-accused Ranjeet and Sanni, and it is alleged that the container in which the aforesaid contraband was being transported was provided by the present applicant.

4. Counsel for the applicant has submitted that the applicant has been implicated only on the basis of the memo prepared under Section 23(2) of Bhartiya Sakshya Adhiniyam, 2023 (27 of the Evidence Act) as even assuming that the container was brought by the applicant, it cannot be said that he was also aware that it would be used for the purposes of transporting the contraband and even in his discloser memo, he has clearly stated that the container was brought by him at the instance of his uncle Mohd. Khan, who had asked him to bring the container from Gurgaon, Delhi to Umat Paliya, Jaora. It is submitted that no other material is available on record to connect the applicant with the offence except the aforesaid memo. It is further submitted that the applicant is lodged in jail since 21/11/2025 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out, however, it is not denied that the applicant has been implicated only on the basis of the memo prepared under Section 23(2) of BSA, 2023 (27 of the Evidence Act).

6. Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the counsel for the applicant and further taking note of the fact that there are no criminal antecedents against the applicant and the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed on certain strict terms.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.