1. Application for regular bail following seizure of narcotic substances under the NDPS Act, requesting release from custodial detention pending trial. (Para 1 , 2 )
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2026 Supreme(Online)(MP) 123400
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Amit Lahoti, J
Mithun Chauhan – Appellant
Versus
State of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 45450 of 2026
Important Points
The court granted bail to the applicant primarily based on the duration of custody and the anticipated length of the trial, despite the gravity of the NDPS charges and the applicant's criminal antecedents.
Subject
Criminal - Bail
Act Referred
Headnote
(A) Bail - NDPS Act - Duration of Custody - Grant of bail is permissible when the applicant has been in custody for a significant period and the trial is likely to take considerable time, regardless of criminal antecedents, provided the court finds it appropriate under the circumstances. (Para 6)
Issues: Whether the applicant is entitled to bail considering the period of custody and the nature of the offence.
Issues: Whether the applicant is entitled to bail considering the period of custody and the nature of the offence.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Vedant Sharma
For the Respondents: Naveen Thakur
For the Appellants/Petitioners: Vedant Sharma
For the Respondents: Naveen Thakur
Table of Contents
2. Applicant contends false implication and no risk of absconding; Respondent opposes bail citing gravity of offense and prior criminal history. (Para 3 , 4 )
3. The court observed that the considerable duration of the applicant's custody and the lack of a near-term conclusion to the trial justified the grant of bail. (Para 5 , 6 )
4. Bail may be granted where the period of pre-trial detention is significant and extended trial duration is anticipated, irrespective of the nature of the offence. (Para 6 )
5. Application allowed; applicant granted regular bail upon furnishing personal bond and solvent surety, subject to conditions under the Bharatiya Nagarik Suraksha Sanhita. (Para 6 , 7 )
6. What primary factors determine the grant of bail in NDPS cases where the accused has criminal antecedents?
The court prioritizes the duration of the period of custody already served and the likelihood that the trial will take considerable time, balancing these against the nature of the offence and criminal history. (Para 4 , 6 )
7. Does the requirement under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita apply as a condition for bail release?
Yes, the court mandates that the released applicant must strictly abide by all conditions enumerated under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Para 7 )
ORDER
1. This is the first bail application filed by the applicant under Section483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No. 191/2026 registered at P.S. T.T. Nagar, District- Bhopal, for the offence punishable under Sections 8 , 20 and 29 of NDPS Act . Applicant has been in custody since 02.04.2026.
2. As per the prosecution case, on receiving an information from an informant, police of concerned P.S. seized 1.350 kg of ganja from the possession of the applicant and co-accused.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Nothing has been seized from his possession. It is further submitted that the applicant is a permanent resident of District Bhopal, and there is no likelihood of his absconding or tampering with the prosecution evidence. It is also submitted that the applicant has been in custody since 02.04.2026 and that the trial is likely to take considerable time to conclude. On these grounds, learned counsel prays that the applicant be enlarged on bail.
4. Per contra, learned counsel appearing for the respondent/State has opposed the prayer for grant of bail and submitted that considering the gravity and nature of the offence alleged against the applicant, as well as his criminal antecedents involving offences punishable under Sections 294, 323, 147, 148, 427 and 307 of the IPC, no case for grant of bail is made out. Accordingly, learned counsel for the State prays for rejection of the bail application.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the overall facts and circumstances of the case, particularly the fact that the applicant has been in custody since 02.04.2026 and the trial is likely to take considerable time for its conclusion, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail.Accordingly, the application is allowed.
7. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
8. Copy of this order be sent to the trial Court concerned for compliance by the office of this Court.Certified copy as per rules.
