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Madhya Pradesh High Court
Saddam Hussain Khan vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4826
1 MCRC-5676-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 6 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5676 of 2026
SADDAM HUSSAIN KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Singh Jadoun - Advocate for the applicant.
Ms. Kalpana Parmar - GA for the respondent/State.
ORDER
The present first application under Section 482 of BNSS has been filed by
the applicant seeking grant of anticipatory bail in connection with Crime
No.17/2026 registered at Police Station Dharnavada (choki Ruthiyai), District
Guna (M.P.) for the offences punishable under Sections 8/21, 29 of NDPS Act.
2. The prosecution story, in a nutshell, is that on 11/05/2025 the police
party received information from an informer that a person was illegally
transporting smack in a sack with the intention to sell it and for self-use.
Thereafter, the police party reached the said place and found the co-accused at the
spot. The co-accused tried to abscond; however, the police officers stopped him
and recovered 12.12 grams of smack from Kalyan Kewat. Thereafter, Kalyan was
arrested and taken into police custody. On the basis of the aforesaid incident, an
FIR was lodged against the present applicant in Crime No. 17/2026 under
Sections 8/21 and 29 of the NDPS Act at Police Station Dharnavada (Choki
Ruthaiyai), District Guna (M.P.). During the investigation, statements of the co-
accused under Section 23(2) of the Indian Evidence Act were recorded, and on the
basis of the said statement, the applicant has been implicated in the present case.
NEUTRAL CITATION NO. 2026:MPHC-GWL:4826
2 MCRC-5676-2026
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is argued that nothing is
seized exclusively from present applicant, therefore once there is no recovery
against the present applicant and also there is no participation of the applicant
therefore, he may kindly be granted the benefit of anticipatory bail. It is further
submitted that the applicant is permanent resident of District Guna and there is no
likelihood of his absconsion or tampering with the prosecution evidence. The
applicant is ready to abide by all the terms and condition as imposed by this
Court. Under these grounds, learned counsel prayed for anticipatory bail.
4. Per contra, learned counsel for the State vehemently opposes the prayer
for anticipatory bail and prayed for its rejection.
5. Heard the counsel for the parties and perused the case diary.
6. Considering the overall facts and circumstances of the case, the nature of
allegations, the manner in which the applicant has been implicated, the absence of
any recovery from him, without commenting on the merits of the case, this Court
is of the opinion that the applicant has made out a case for grant of anticipatory
bail.
7. Accordingly, it is directed that in the event of his arrest, the applicant
shall be released on bail upon furnishing a personal bond in the sum of Rs.
50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like
amount, to the satisfaction of the Arresting Authority or Investigating Officer.
8. This order will remain operative subject to compliance of the following
conditions by the applicant:-
(i) The applicant will comply with all the terms and conditions of the bond
executed by him;
NEUTRAL CITATION NO. 2026:MPHC-GWL:4826
3 MCRC-5676-2026
(ii) The applicant will cooperate in the investigation/ trial, as the case may
be;
(iii) The applicant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade
them from disclosing such facts to the Court or to the Police Officer, as the case
may be;
(iv) The applicant shall not commit any offence during the period of bail;
(v) The applicant will not seek unnecessary adjournments during the trial;
(vi) The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
9. Application stands allowed and disposed of.
10. Copy of this order be sent to the trial Court/Police Station concerned for
compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
