IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 26 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 2666 of 2026 AASHIQ ALI Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Anshul Shrivastava - Advocate for the applicant.

Shri Surendra Singh Alawa- Dy. G.A. for the State.

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.386/2025 registered at Police Station Y.D. Nagar, District Mandsaur (MP) for offence punishable under Section 8/15, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 16.12.2025.

3. Allegation against the applicant is that he was also involved in the aforesaid case wherein 10 kg of poppy straw, the commercial quantity of which is 50 kg, and 80 Grams MD drug, the commercial quantity of which is 50 grams, have been seized from the possession of co-accused Tohid Khan, and in his disclosure memo he has stated that the aforesaid contraband was to be supplied to 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) of co-accused Tohid Khan and there are no criminal antecedents against the applicant, and the co-accused Shahrukh has already been granted bail by this Court in M.Cr.C. No.197/2025 dated 30.01.2026. 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 16.12.2025 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, who is lodged in jail since 16.12.2025 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.

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. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

8. M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE Bahar