Rajesh Sukhwani vs. The State Of Madhya Pradesh

Held

The Court dismissed the second application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court found no merit in the application after hearing the submissions of both parties and perusing the case diary. The reasoning for dismissal is not elaborated beyond stating that the application lacks merit. The Court did not provide specific findings on the arguments presented by the applicant regarding the chain of statements, lack of direct evidence, or the applicability of Section 49 of the BNS. The operative direction was solely the dismissal of the application.

Facts

This is a second application for anticipatory bail filed by Rajesh Sukhwani under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant seeks bail in relation to FIR/Crime No. 391/2025, registered at Police Station Kotwali, District Balaghat, for offences under Sections 8/22 and 29 of the NDPS Act and Section 49 of the BNS, 2023. The prosecution alleges that on 27.07.2025, police apprehended Rohit Daharwal with a large quantity of Alprazolam tablets. During the investigation, a co-accused, Lakhan, stated that the applicant is involved in the wholesale medical business and sells Alprazolam tablets. The applicant's previous bail application was rejected by the Special Judge on 25.04.2026. The applicant contends his implication is based on a chain of statements from co-accused without direct evidence or recovery from him.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of involvement in the sale of Alprazolam tablets under Sections 8/22 and 29 of the NDPS Act and Section 49 of the BNS, 2023? Petitioner's Arguments: The applicant argues that his implication is based on a successive chain of statements from co-accused persons, without any recovery of contraband from his possession or independent material directly establishing his involvement. He relies on the Supreme Court's decision in Tofan Singh v. State of Tamil Nadu regarding the evidentiary value of statements made in police custody. The applicant asserts that no prima facie case is made out against him under Section 49 of the BNS, 2023, as there is no material to show intentional aiding, instigation, or participation. He claims the allegations are unfounded and unsupported by sufficient independent material, and that his implication is based on conjecture rather than direct evidence. Revenue's Arguments: The learned counsel for the State opposed the prayer for bail, submitting that considering the nature and gravity of the alleged offence, the applicant is not entitled to be released on bail.