Jahid @ Jawa vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is third application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No.55 of 2017 registered at Police Station- Pachore, District - Rajgarh for commission of offence punishable under Sections 8/20(b)(ii)(B) of the NDPA, Act. Applicant is in jail since 02/11/2025.

As per the prosecution story,4 kg 570 grams Ganja has been seized from the possession of the present applicant.

Learned counsel for the applicant has submitted that although this is third bail application, vide earlier bail order dated 27/01/2026, the Court had granted liberty to approach this Court after the seizure witnesses are examined. Considering the fact that although it is not stated in the application that how many criminal antecedents are reported against the applicant, which is otherwise required in view of the judgment delivered by the Hon'ble Supreme Court in order dated 11.02.2026 passed in SLP (Crl.) No. 12669/2025 reported as Zeba Khan Vs. The State of U.P. & Others, 2026 INSC 144 wherein it was observed that concealment of criminal antecedents leads to non-consideration of material fact regarding grant of bail, learned counsel for the applicant fairly submits that he is not having any knowledge about it Normally in view of the judgment delivered in the case of Zeba Khan (supra), such application is required to be dismissed, however, the considering the fact that earlier, the Court had considered the application and had granted liberty to the applicant, the application is required to be considered with the observation that the concerned party shall disclose the correct fact about criminal antecedents before filing the application after verification of the record, more particularly the record of criminal antecedents and incorporate such details in the application itself as directed in the case of Zeba Khan (supra). Considering the fact that the applicant is aged around 35 years and is behind bar since 02/11/2026 and charge-sheet has been filed and trial will take a considerable time as well as the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, it is prayed that the present application is required to be allowed.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant by submitting that there are 5 criminal antecedents of the Public Gambling Act reported against the applicant, which are not mentioned in the bail application and the applicant remained absconded for eight years and submitted that no case for grant of bail is made out.

Heard the submissions and perused the case diary.

Having taken into consideration all the facts and circumstances of the case and considering the fact that the seizure witnesses are also examined and not supported the the case of prosecution and the quantity of Ganja i.e. 4 kg 570 grams as also considering the period of imprisonment and trial will take a considerable time as well as the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. In addition to this, (1) He will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) He will not indulge in any criminal activity by misusing the liberty granted by this order; (3) He shall remain present at the time of trial without any default; (4) He shall also mark his presence on every Monday of the month before the concerned Police Station till the trial gets over; (5) He shall make himself available as and when required in trial; (6) He shall provide his current address and his functional mobile number to the concerned police station and concerned trial court; (7) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicant is found involved in similar type of offence, it is open for the authorities to prefer application for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.