Madhya Pradesh High Court
Yunus Mev @ Sarfaraz vs The State Of Madhya Pradesh on 25 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
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1 MCRC-42640-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 25 th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 42640 of 2025
YUNUS MEV @ SARFARAZ
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms Mansi Kushwah - Advocate for the applicant.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No.191/2025, registered at
Police Station - Sailana, District Ratlam(M.P.) for offence punishable under
Section 8/22 and 8/29 of NDPS Act. Applicant is in judicial custody since
04.05.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the
relevant material on record.
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 was not seized from active
and conscious possession of the applicant. Rather, it was allegedly recovered from
possession of co-accused Afroz. He has not committed the alleged offence. The
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final report has been submitted. There is no likelihood of tampering with evidence
by the applicant for the reason that he is not capable to influence the witness. Jail
incarceration is causing hardship to the young applicant. Applicant is ready to
cooperate in the trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 03 criminal
antecedents of the applicant as mentioned in the case diary.
In reply, learned counsel submits that applicant was acquitted in Crime No.
181/2021 vide judgment dated 02.08.2023 passed in S.T. No. 35/2021 by the ASJ,
Jaora Distt. Ratlam and applicant was acquitted in Crime No. 183/2021 vide
judgment dated 02.08.2023 passed in S.T. No. 36/2021 by the ASJ, Jaora Distt.
Ratlam. The prosecution for offence punishable under the NDPS Act at Crime No.
193/2025 is pending for trial, which was registered in continuity with the present
prosecution. Applicant has never been convicted for any major offence.
According to the material available on case diary, ASI Shivji Yadav of P.S.
Sailana intercepted one Pulsar motorcycle near Dhamnod By-pass at Sailana on
04.05.2025. Yunus was driving the motorcycle and Afroz was the pillion rider. On
personal search, narcotic contraband suspected to be MDMA - total quantity 20
grams was recovered from right pocket of pant of co-accused Afroz. The narcotic
contraband was seized from the joint possession of applicant Yunus and Afroz.
Both the accused were arrested on the spot on 04.05.2025. Applicant is in custody
ever since. The trial would take time to conclude. However, the chemical analysis
report submitted by RFSL, Ratlam reveals that the sample of contraband contains
methyl meth cathinone (mephedrone)MD. Therefore, the interdict contained u/S
37 of the NDPS Act would not apply against the applicant. Prima-facie, the
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narcotic contraband was not recovered from immediate possession of the
applicant. The knowledge of applicant with regard to contraband carried by the co-
accused and the veracity of prosecution will be determined after evidence in trial.
As informed, the applicant is aged around 21 years. He is a labourer by
profession and survives on occasional labour work. Considering these aspects,
there appears to be no possibility of fleeing from justice. In absence of any
substantial criminal past and 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 witnesses by the
applicant. There appears to be no compelling reason to continue incarceration of
the young applicant. However, the observations, herein-above, are recorded for
present application only.
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.
Accordingly, it is directed that applicant- Yunus Mev@Sarfaraj shall be
released on bail in connection with 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;
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(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
(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 ।
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.
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/she had explained the conditions to
the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
