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

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ON THE 16 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 49709 of 2025 RAHUL Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Nilesh Dave - Advocate for the applicant.

Shri Hemant Sharma - G.A. for the State along with Shri Manoj Singh Jadon, T.I., Police Station Ratangarh, District Neemuch.

ORDER

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

2. This is the second 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.260/2024 registered at Police Station Jeeran, District Neemuch (MP) for offence punishable under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 15/09/2024. His first bail application M.Cr.C.

No.30848/2025 was dismissed by this Court on 07/08/2025 as withdrawn.

3. Allegation against the applicant is that on 15/09/2024 at 7:00 am, he was found in possession of 72 kg of poppy straw, the commercial quantity of which is 50 kg.

4. Counsel for the applicant has submitted that the applicant had also applied for CDR of the applicant and according to which, the applicant had no call details after the afternoon of 14/09/2024, which clearly leads to the conclusion that the applicant was arrested on 14/09/2024 only and his arrest on 15/09/2024 was staged by the police. It is further submitted that the applicant is lodged in jail since 15/09/2024 and the final conclusion of the trial is likely to take sufficient long time as not a single witness examined till date. 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 looking to the commercial quantity of contraband, no case for grant of bail is made out as there is no reason to believe that the applicant has not committed the offence.

6. Having considered the rival submissions and on perusal of the case diary, it is found that on 11/12/2025, this Court had passed the following order:-

"Counsel for the respondent/State seeks and is granted a week's time to take proper instructions and to file a flow chart regarding the presence of the applicant along with other police personnel on 14/09/2024 at around 12:52 pm, whereas the FIR has been registered on 15/09/2024 at 7:00 am in the morning."

7. Pursuant to the aforesaid order, a police report (Prativedan) dated

15/12/2025 has also been filed by the concerned police station, in which, it is also mentioned that as per the CDR record obtained of the applicant and the police personnel, it has been found that on 14/09/2024, the applicant was present at village Jheeran at 14:12 in the morning to 12:48 in the afternoon, whereas the other police persons were also present at Jheeran and other places after the aforesaid period of time i.e. after 12:48. On a query made by this Court to the counsel for the State as also the concerned officer of the police, who is also present, has informed that the applicant's tower location is not available after 12:48 hours of 14/09/2024. In the considered opinion of this Court, the aforesaid information is relevant and the defence of the applicant that he was arrested on 14/09/2025 cannot be said to be a figment of imagination and there appears to be some substance in the aforesaid submissions as advanced by counsel for the applicant. In such facts and circumstances of the case, and also taking note of the fact that the applicant is lodged in jail since 15/09/2024 that 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.

8. 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 pe