Parmeshwar vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard and perused the charge sheet which is available with counsel for the applicant.

2] This is the applicant's IV 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.4/2024 registered at Police Station Narcotic Cell Indore Prakoshth Neemuch, District- Neemuch (MP) for offence punishable under Sections 8/15, 29 and 25 of the NDPS Act. The applicant is in custody since 11/1/2024. His third bail application was dismissed as withdrawn with liberty to renew the prayer after two months from today by this Court vide order dated 13/10/25 passed in MCRC.No.36485/2025.

3] Allegation against the applicant is that he was found in possession of five quintals of poppy straw.

4] Counsel for the applicant has submitted that the applicant is lodged in jail since 11/1/2024, and as such he has already completed more than 23 months, and till date, not a single witness has been examined and the conclusion of the trial will take sufficiently long time, thus, the application be allowed.

5] Counsel for the State has opposed the prayer, and it is submitted that the case diary is not available.

6] Having considered the rival submissions, perusal of the charge sheet which is available with the counsel for the applicant, and the fact that till date not a single witness has been examined, whereas the applicant is lodged in jail since last around 23 months, this Court is inclined to allow the present application.

7] 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.

8] Accordingly, the application is allowed and disposed of.

C.c. as per rules.