[Cites 3, Cited by 0]
Madhya Pradesh High Court
Firoz Khan @Kaddu vs The State Of Madhya Pradesh on 1 December, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:34999
1 MCRC-54789-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 1 st OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 54789 of 2025
FIROZ KHAN @KADDU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vasant Zokarkar - Advocate for the applicant.
Shri Romil Verma GA for the State.
ORDER
1. This second application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 111/2025
registered at Police Station - Nagjhiri, District- Ujjain (M.P.) for offence
punishable under Sections 8/ 22 of NDPS Act. Applicant is in judicial custody
since 21/05/2025. His first bail application has been dismissed as withdrawn vide
order dated 22/08/2025 passed in MCRC no. 36479/2025, with a liberty to renew
the prayer after examination of seizure witnesses. However, the seizure witnesses
have been examined.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated in
the alleged offence merely on suspicion. The narcotic contraband MD was not
NEUTRAL CITATION NO. 2025:MPHC-IND:34999
2 MCRC-54789-2025
seized from the active and conscious possession of the applicant. The due
procedure for search and seizure was not complied with. Learned counsel for the
applicant referring to the evidence of independent seizure witnesses Rajaram
[PW-1] and Laxman @ Golu [PW-2] contends that they did not support the
prosecution. There is no likelihood of tampering with remaining evidence by the
applicant. Jail incarceration of the applicant is causing hardship to the applicant
and the dependent family members. Applicant is ready to cooperate in trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers five criminal
antecedents against the applicant as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that the applicant
was acquitted in the matter relating to crime no. 108/2020 vide judgment dated
12/08/2021 passed in S.T. 338/2020. Other matters are pending for trial. He has
never been convicted.
7. According to the material available on case diary, Sub-Inspector
Ramprasad Ved of PS - Nagjhiri, Ujjain along with police force intercepted Firoz
Khan @ Kaddu (applicant) on 21/05/2025 to verify secret information. On
personal search of Firoz Khan, narcotic contraband MD, total quantity 21.70
grams was recovered from the left pocket of pant of the applicant. The narcotic
contraband MD was seized from the possession of applicant. The applicant was
apprehended on 21/05/2025. He is in custody ever since. The independent
seizure witnesses did not support the prosecution. The trial is under way. The
veracity of prosecution and due compliance with procedure will be determined
after evidence in the trial.
NEUTRAL CITATION NO. 2025:MPHC-IND:34999
3 MCRC-54789-2025
7. As informed, the applicant is aged around 28 years and is labourer by
profession. He has the family responsibility. Considering these aspects, there
appears to be no possibility of fleeing from justice. In absence of previous
conviction for any major offence, considering the socio-economic status of the
applicant, there appears to be no likelihood of tampering with evidence or
influencing the remaining witnesses by the applicant. There appears to be no
compelling reason to continue incarceration of the applicant. However, the
observations, herein-above, are recorded for present application only.
8. Considering the rival contentions and overall circumstances of the case,
in the light of aforestated facts, but without commenting on the merits, this Court
is inclined to release the applicant on bail. Thus, the application is allowed.
9. Accordingly, it is directed that applicant- Firoz Khan @ Kaddu shall
be released on bail in connection with the Crime as mentioned in first paragraph
of this order, upon furnishing a personal bond in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand only) with one solvent surety of the same amount to the
satisfaction of the Trial Court, for compliance with the following conditions
:(For convenience of understanding by accused and surety, the conditions of
bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
NEUTRAL CITATION NO. 2025:MPHC-IND:34999
4 MCRC-54789-2025
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
10.. This order shall be effective till the end of trial. However, in
case of breach of any of the preconditions of bail, the Trial Court may
consider, on merit, cancellation of bail without any impediment of this order.
11. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
