Sher Ali vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is first bail application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.1145/2021 registered at Police Station - Kolar Road, District Bhopal (M.P.) for the offence punishable under Sections 8/20 of NDPS Act. Applicant is in detention since 22.04.2025.

As per the prosecution story, on receiving an information from an informant, Police made a search and seized 70 kg of Ganja from the possession of co-accused persons. During investigation, present applicant has been made accused on the basis of memorandum of co-accused. Therefore, the offence has been registered against the applicant and other co-accused persons under aforesaid section.

Learned counsel for the applicant submitted that applicant is in jail since 22.04.2025. He is innocent and has been falsely implicated. It is submitted that similarly situated co-accused persons Sabber and Anjeet @ Sanket have been enlarged on bail by the Co-ordinate Bench of this Court and this Court vide order dated 25.10.2023 passed in M.Cr.C.No.45843/2023 and order dated 01.08.2025 passed in MCRC. No.28091/2025. Charge sheet has been filed. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

On the other hand, learned counsel for State has opposed the grant of bail to the applicant on the ground of criminal antecedents.

Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands 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 is further directed to mark his presence before the concerning Police Station on the dates i.e. 10th & 25th of every month and is directed to cooperate in trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS.

In case of involvement of the applicant in any other similar offence in future, the bail granted by this Court shall stand automatically rejected.

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.