[Cites 6, Cited by 0]
Madhya Pradesh High Court
Sonu @ Mohseen Ali vs The State Of Madhya Pradesh on 8 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9420
1 MCRC-14736-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14736 of 2026
SONU @ MOHSEEN ALI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Palash Choudhary, Advocate for the applicant.
Shri Bhaskar Agrawal, Govt. Advocate for the respondent/State.
ORDER
1. This first application has been filed by the applicant under Section 483
of BNSS, 2023, for grant of bail in connection with Crime No.70 of 2026
registered at Police Station - Industrial Area, Jaora, District Ratlam(M.P.) for
offence punishable under Section (s) 8/15 and 29 of NDPS Act and Section 61(2)
of BNS, 2023. The applicant is in judicial custody since 13.02.2026.
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 has been falsely implicated in this
matter, merely on the basis of his self- incriminating statement and information
given by co-accused in police custody, which are not admissible in view of
the laid down in the cases of Deepak Bhai Vs. State of Gujarat reported in (2020)
2 SCC (Cri.) and Tofan Singh Vs State of Tamil Nadu reported in (2021) 4 SCC
1 . No incriminating material, much less, narcotic contraband was seized from
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direct and immediate possession of the applicant. There is no Call Details Report
or money trail showing complicity of the applicant in transporting the narcotic
contraband. The investigation is almost complete. Further custodial interrogation
of the applicant is not needed in the matter. There is no likelihood of tampering
with the evidence by the applicant. Jail incarceration is causing hardship to the
applicant. Applicant is ready to co-operate in further/investigation/trial. Therefore,
he may be extended benefit of bail.
5. Per contra , learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant. The
applicant is aged around 33 years and he runs shop by profession.
6. As per the accusation on case diary, an abandoned Maruti Brezza
car(without number) bearing Chassis No.MA3NYFB1SJB350994 and Engine
No.D13A3250925 was intercepted by police force of P.S. Industrial Area, Jaora
on 06.02.2026. The Narcotic Contraband - Poppy Straw, total quantity 40 Kg was
recovered from the car. Tracing the Chassis number and the Engine number, the
registered owner of the vehicle Abhishek Tiwari was apprehended. Abhishek
informed that Sonu @ Mohseen Ali(applicant) and his associate Harsh, who run
business of second hand vehicle, had taken his car on promise of handsome profit.
Applicant Sonu @ Mohseen Ali was, accordingly, apprehended on 13.02.2026.
He is in custody ever since. He informed that he had provided the Car to Adil.
Adil further informed that he has procured the narcotic contraband from Pratipal
and was transporting the contraband in the Maruti Brezza Car. However, the Call
Details Report or money trail connecting the applicant Sonu @ Mohseen Ali with
Adil and Pratipal were not recovered during investigation. The contentions
advanced by the applicant have prima facie merit and cannot be dismissed as
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manifestly baseless. The veracity of the prosecution and complicity of the
applicant will be determined after evidence in trial. In view of the aforestated
facts, the Court is of the considered opinion that the interdict contained under
Section 37(1-b) of the NDPS Act would not operate against the applicant.
7. As informed, the applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In absence
of any criminal antecedent, considering the socio-economic status of the applicant,
there appears to be no likelihood of recidivism or tampering with evidence or
influencing the witnesses by the applicant. There appears to be no compelling
reason to continue incarceration of the applicant. However, it is clarified that 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-Sonu @ Mohseen Ali 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. 1,00,000/- (Rupees One
Lac only) with one 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
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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 ।
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 from 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
pn
