Anwar Kha vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first application under section 482 of the BNSS, 2023 has been filed by the applicant seeking ad interim anticipatory bail/temporary bail on the ground of marriage of his daughter and son.

Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is implicated in the alleged offence merely on information given by co-accused in police custody, which is not admissible in evidence. No incriminating material is recovered in furtherance of the information till date. The applicant is ready to cooperate in the investigation. He will surrender before the Investigation Officer soon after marriage of his son and daughter. The ceremonies have been started from 15.04.2026 and being a father of the groom and the bride, the presence of applicant is required to perform all customary and religious obligations. Therefore, the applicant be extended ad interim anticipatory bail/temporary bail for a period of ten days on the ground of marriage of his son and daughter, which is scheduled on 18th and 19th of April, 2026 .

Per contra, learned Counsel for the respondent/State opposes the bail application and prays for its rejection on the ground of gravity of offence.

Heard learned counsel for the parties.

As per accusation on case diary, Aejaz was apprehended with Narcotic Contraband Poppy-Straw quantity 25 Kg and 2 Grams. He could not produce licence or permit for collection of poppy-straw at his home. Aejaz informed that he has purchased the Poppy-Straw from applicant Anwar Kha. The investigation is underway. There appears to be some communication between Aejaz and applicant Anwar at relevant time. The complicity of the applicant is under investigation.

Considering the request and proposal to surrender before the Investigation Officer soon after marriage of son and daughter of the applicant and the fact that the quantity of contraband is less than the commercial quantity, without commenting on merits of the case, the application for grant of ad interim anticipatory bail is allowed and it is hereby directed that the applicant-Anwar Kha shall be released on ad interim anticipatory bail/temporary bail for a period of seven days from today upon his depositing Rs.50,000/- as cash security and furnishing personal bond of Rs. 50,000/- (Rupees fifty thousand only) with one solvent surety of same amount to the satisfaction of the Arresting Officer (Investigating Officer) to comply with conditions enumerated under section 480(3) of BNSS, 2023. The applicant shall surrender before the Investigation Officer concerned on or before expiry of period of seven days from today, without exception. Necessary papers regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order within 3 days, this ad interim anticipatory/temporary bail order shall automatically stand cancelled. The cash surety shall be returnable after surrender into custody. In case of any violation of above conditions, the order shall stand cancelled and the security and surety amount shall be forfeited.

This temporary bail/ad interim anticipatory bail application filed under Section 482 of BNSS, 2023 stands disposed off.

C.C. today.