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

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ON THE 6 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 412 of 2026 MOHAMMAD Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Rishiraj Trivedi - Advocate for the applicant.

Shri Viraj Godha -Govt. Adv. appearing on behalf of Advocate General.

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

2] This is the applicant's first bail application filed under Section 483 of B.N.S.S., 2023/439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.452/2021 registered at Police Station -City Kotwali, District- Mandsaur (MP) for offence punishable under Sections 8/21 and 29 of the NDPS Act. The applicant is in custody since

02.12.2025.

3] The allegation against the applicant is of his involvement in the aforesaid case, wherein 50 g. smack, the commercial quantity of which is 250 g., has been seized from the possession of the co-accused Gulfam and Dilawar,who were disclosed that the contraband was obtained from the present applicant and co-accused Imran, who has already been granted bail by this Court.

4] Counsel for the applicant has submitted that apart from the disclosure memo, there is nothing on record to connect the applicant with the offence. It is also submitted that one more case under the same nature has been registered against the applicant. It is further submitted that the applicant is lodged in jail since 02.12.2025, and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application may be allowed.

5] Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that one more case under similar nature has been registered against the applicant.

6] Having considered the rival submissions, perusal of the case diary and the fact that the co-accused persons have already been granted bail by this Court, in the considered opinion of this Court, the applicant's application deserves to be allowed.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. Applicant-Mohammad S/o Poru Ajmeri, Musalmanis 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 480(3)

BNSS, 2023.

8] It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

9] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE moni