Shyamlal vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
- Decided on
- 17-03-2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7280
1 MCRC-9444-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 17 OF MARCH, 2026
MISC. CRIMINAL CASE No. 9444 of 2026
SHYAMLAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Mansi Kushwah, Advocate for the applicant.
Shri Tarun Pagare, Govt. Advocate for the respondent/State.
ORDER
1. This first application has been filed by applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection
with Crime No.471 of 2025 registered at Police Station-Ringnod, District -
Ratlam (MP) for offence punishable under Sections 8/15, 29 of the NDPS
Act. Applicant is in judicial custody since 15.12.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4 . Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence merely on the basis of information of co-accused in
police custody, which is not admissible in view of the law laid down in the
case of Deepak Bhai Vs. State of Gujarat reported in (2020) 2 SCC (Cri.)
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 17-03-2026
19:59:19
NEUTRAL CITATION NO. 2026:MPHC-IND:7280
2 MCRC-9444-2026
and Tofan Singh Vs State of Tamil Nadu reported in (2021) 4 SCC 1. He has
not committed the alleged offence. No incriminating material, much less the
narcotic contraband was seized from active and conscious possession of the
applicant. The final report has been submitted on completion of investigation.
There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the applicant and the dependent family
members. Applicant is ready to cooperate in the further trial.
5. Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel further refers to 03
criminal antecedents against the applicant, as mentioned in the case diary.
The applicant is aged 45 years and is labourer by profession.
6. In reply, learned counsel for the applicant submits that the other
matters are pending for trial. The applicant has never been convicted in any
other offence.
7. According to material available on case diary, the police force of
PS - Ringnod intercepted Ishwarlal and Nageshwar on 13.12.2025 to verify
the secret information. They were found in possession of Narcotic
Contraband - Poppy-straw, total quantity 25 Kilograms, which is non-
commercial quantity. They informed that they had procured the Narcotic
Contraband -Poppy-straw from Shyamlal(applicant). Accordingly applicant
was apprehended on 15.12.2025. He is in custody ever since. No
incriminating material, much less, narcotic contraband was recovered at the
instance of applicant. No CDR or money trail showing complicity of the
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 17-03-2026
19:59:19
NEUTRAL CITATION NO. 2026:MPHC-IND:7280
3 MCRC-9444-2026
applicant is available. The final report has been submitted. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of the prosecution and complicity of the
applicant in the alleged offence will be determined after evidence in the
trial. The interdict contained u/S 37 (1)(b) of the NDPS Act would not apply
against the applicant in view of the aforestated facts.
8. As informed, the applicant is aged around 45 years and is labourer
by profession. He has family responsibilities. Considering these aspects, there
appears to be no possibility of fleeing from justice. In absence of any
substantial criminal past and previous conviction for any other
offence, considering the socio-economic status of the applicant, there appears
to be no likelihood of recidivism or tampering with evidence or influencing
the witnesses by the applicant. There appears to be no compelling reason to
continue incarceration of the applicant. However, the observations, herein-
above, are recorded for present application only.
9. Considering the rival contentions and overall circumstances of the
case, in the light of aforesaid facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, present
application is allowed.
10. Accordingly, it is directed that applicant-Shyamlal shall be
released on bail in connection with Crime, as mentioned in first paragraph of
this order, upon furnishing a personal bond in the sum of Rs.75,000/-(Rupees
Seventy Five Thousand only) with one surety of the same amount to the
satisfaction of the trial Court, for compliance with the following conditions
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 17-03-2026
19:59:19
NEUTRAL CITATION NO. 2026:MPHC-IND:7280
4 MCRC-9444-2026
: (For convenience of understanding by accused and surety, the conditions of
bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
(1)
आवेदक संबंिधत यायालय के िनद शानुसार सुनवाई क येक ितिथ पर उप थत रहेगा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2)
आवेदक समान कृित का केाई अपराध नह $ं करेगा या उसम % स &मिलत नह $ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to
the Court or to the police officer;
(3) ,
आवेदक करण के त )य* से प +रिचत -कसी /य01 को य2 या अ य2 3प से लोभन धमक या
,
वचन नह $ं देगा जससे ऐसा /य01 ऐसे त )य* को यायालय या पुिलस अिधकार $ को कट करने से
िनवा +रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4)
आवदेक य2 या अ य2 3प से सा 8 य के साथ छेडछाड करने का या सा 2ी या सा 2य* को
- ,
बहलाने फुसलाने दबाव डालने या धमकाने का यास नह $ं करेगा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) , . . ./
0वचारण के दौरान उप थत गवाह * से पर $2ण के संबंध म % आवेदक धारा ३०९ दं सं ३४६ भारतीय
, 2023
नाग +रक सुर 2ा सं -हता के ावधान* का उिचत अनुपालन सुिन Bत करेगा ।
1. This order shall be effective till the end of trial. However, in case of
1
breach of any of the preconditions of bail, the trial Court may consider, on merit,
cancellation of bail without any impediment from this order.
12. The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
pn
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 17-03-2026
19:59:19