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

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ON THE 18 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 53754 of 2025 IMTIYAZ Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Suraj Sharma - Advocate for the applicant.

Shri Vishal Singh Panwar-GA appearing on behalf of Advocate General[r-1].

ORDER

1] They are heard and perused the case diary.

2] This is the applicant's III bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.461/2024 registered at Police Station Bhanpura District- Mandsaur (MP) for offence punishable under Sections 8/15, 25 & 29 of the NDPS Act. The applicant is in custody since 22.12.2024. His frist bail application was disposed of by this Court vide order dated 25.9.2025 passed in MCRC.No.43157/2024 with a direction to the applicant to file a fresh application for bail alongwith all the relevant documents which was to be filed on the basis of the new documents came in possession of the applicant, and his second bail application was dismissed as withdrawn with liberty to renew his prayer after the seizure witnesses are examined in the trial Court by this Court vide order dated 31.10.2025 passed in MCRC.No.47105/2025.

3] Allegation against the applicant is that he was involved in the aforesaid case wherein from the joint possession of the applicant and two co-accused persons ,viz, Chamkavar Singh and Irfan 60 Kg of poppy straw has been seized.

4] Counsel for the applicant has submitted that the seizure witnesses have been examined in the trial Court and have not supported the case of the prosecution. Copies of their deposition have also been filed on record.

5] Counsel for the applicant has relied upon a decision rendered by this Court in the case of Vishal and Jamnalal vide order dated 8.10.2025 passed in MCRC.No.45011/2025 and MCRC.No.44319/2025 respectively wherein also 58 Kg of poppy straw was seized from the joint possession of two accused persons and the aforesaid accused persons were released on bail after a period of around 10 months. Whereas the present applicant has been lodged in jail since 22.12.2024 and he has already completed almost one year in jail and the conclusion of trial will take sufficiently long time. Thus, the bail application deserves to be allowed.

6] Counsel for the respondent/State has opposed the prayer, and it is submitted that looking to the commercial quantity of contraband seized, no case for grant of bail is made out.

7] Having considered the rival submissions and on perusal of the case diary, it is found that the seizure witnesses have already been examined and the applicant is lodged in jail since last one year and also further considering the fact that 60 Kg poppy straw has been seized from the joint possession of the present applicant and two co-accused persons which was being transported in a car, in which they were sitting and also taking into account the order passed by this Court in the case of Vishal and Jamnalal vide order dated 8.10.2025 passed in MCRC.No.45011/2025 and MCRC.No.44319/2025 , in such circumstances, considering the period of incarceration and the fact that 60 Kg of poppy straw has been seized from the joint possession of the applicant and co-accused persons, this Court is inclined to allow the present application.

8] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby 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.

9] Accordingly,