Madhya Pradesh High Court
Mohd. Hanif vs The State Of Madhya Pradesh on 26 May, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:13781
1 MCRC-23077-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 26th OF MAY, 2025
MISC. CRIMINAL CASE No. 23077 of 2025
MOHD. HANIF
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Archana Maheshwari - Advocate for the petitioner.
Vishal Singh Panwar appearing on behalf of Advocate General.
ORDER
Heard and perused the record.
This is 3rd bail application filed under Section 483 of BNSS, 2023 (Section 439
of Cr.P.C, 1973) for grant of bail during trial relating to Crime No.330/2019 dated (not
mentioned), registered at Police Station-Industrial Area District-Ratlam for the offence
under Sections 8/15 and 29 of NDPS Act. The applicant is in custody since 30.11.2022.
Earlier, earlier applications of the applicant were dismissed.
2. As per the prosecution story, 85KG poppy straw was recovered from possession of
the applicant and co-accused.
3. Learned counsel for the applicant submits that the applicant is innocent and has been
falsely implicated in the present crime. it is further submitted that the applicant is in
custody since 30.11.2022 and has completed more than three years and eight moths. In
support of his contention, he has placed reliance over a judgment of Hon'ble Apex
Court in the case of Santosh Sahoo @ Santosh Saho vs. The Union of India passed in
Special Leave to Appeal (Cri.) No.1737/2025 wherein the Hon'ble Apex Court has
granted bail to the applicant therein for completion of one year and nine months of
NEUTRAL CITATION NO. 2025:MPHC-IND:13781
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custody whereas the contraband of 88KG of Cannabis was recovered. Conclusion of
trial will take sufficient long time. Under these circumstances, counsel prays for grant
of bail to the applicant.
4. Learned counsel for the State has opposed the application and prayed for its rejection
by submitting that since, the commercial quantity is involved in the matter, the
applicant is not entitled to be released on bail. However, he has admitted that the
applicant is having no criminal record under the similar provisions of law.
5. I have heard the learned counsel for the parties and perused the record.
6. Looking to the facts and circumstances of the case, the rival submissions of the
counsel for the parties, custody period of the applicant as well as the law laid down by
Hon'ble Apex Court in the case of Santosh Sahoo (Supra), without commenting on the
merits of the case, this application is allowed.
7. It is directed that the applicant be released on bail on his/her furnishing a personal
bond in the sum of Rs.100,000/- (Rupees one lacs Only) with two solvent sureties of
Rs.50000/- each to the satisfaction of the trial court for securing his/her presence
before the said Court on all the dates of hearing fixed in this regard during trial. It is
also directed that the applicant shall comply with the provisions of Section 480(3) of
BNSS.
8. This order shall remain effective till the end of the trial, but in case of bail jump and
breach of any of the pre-condition of bail, it shall become ineffective and cancelled
without reference to this Bench.
Certified Copy as per rules.
(PREM NARAYAN SINGH)
NEUTRAL CITATION NO. 2025:MPHC-IND:13781
3 MCRC-23077-2025
V. JUDGE
amit
