[Cites 4, Cited by 0]
Madhya Pradesh High Court
Salman Khan @ Salman Lala vs The State Of Madhya Pradesh on 11 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4334
1 MCRC-2838-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 2838 of 2026
SALMAN KHAN @ SALMAN LALA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashutosh Surana, Advocate for the applicant.
Shri Surendra Gupta, Govt. Advocate for the respondent/State.
ORDER
I.A. No.934/2026 and I.A. No.2125/2026, applications for taking
additional document on record have been filed on behalf of the applicant.
Considered. The IAs stand allowed.
The documents are taken on record.
This second application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.55/2025 registered
at Police Station - Nagda, District Ujjain(M.P.) for offence punishable under
Sections 8/22 and 29 of NDPS Act. Applicant is in judicial custody since
31.01.2025. His first bail application has been dismissed as withdrawn vide order
dated 06.11.2025, passed in M.Cr.C. No.20720/2025 with liberty to renew the
prayer after evidence of seizure witnesses before the trial Court. Thereafter,
prosecution witnesses Rajesh(PW1) and Tushar Parihar(PW2) have been
examined.
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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. There is non-compliance of due
procedure of search and seizure. He has not committed the alleged offence. The
material prosecution witnesses Rajesh(PW1) and Tushar Parihar(PW2) have been
examined. They have not supported the prosecution. There is no likelihood of
tampering with evidence by the applicant. Jail incarceration is causing hardship to
the applicant and his dependent family. Applicant is ready to cooperate in the
further investigation/trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 17 criminal
antecedents of the applicant as mentioned in the case diary. Applicant is aged 32
years. He is in private job by profession.
In reply, learned counsel for the applicant submits that applicant was
acquitted in Crime No.509/2008[vide order dated 30.11.2013 in RCT
No.966/2008], Crime No .66/2010[vide order dated 01.07.2010], Crime
No.264/2010[vide order dated 02.12.2021 in RCT No.23/2010] and Crime
No.312/2011[acquitted vide o rder dated 03.05.2017 in ST. Case No.100/2012].
The Crime No.205/2009 has been disposed off by the Juvenile Court. The
applicant was granted bail in Crime No.340/2018[order dated 27.01.2021, in
NEUTRAL CITATION NO. 2026:MPHC-IND:4334
3 MCRC-2838-2026
M.Cr.C. No.1440/2021], Crime No.311/2019[granted bail vide order dated
29.04.2025 in RCT/250/2020], Crime No.342/2019[granted bail vide order dated
23.04.2025 in RCT/16/2020], Crime No.345/2019[on bail, passed in S.T. Case
No.128/2020], Crime No.187/2020[ on bail, vide o rder dated 26.08.2020, passed
in BA/110/2020 and, thereafter, order dated 02.04.2025 in ST. Case no.48/2019],
Crime No.69/2023[on bail vide order dated 23.04.2025 in RCT/16/2020, Crime
No.55/2023(on bail vide order dated 28.05.2025, passed in S.B. Criminal Misc.
BA. No.6394/2025], Crime No.45/2023[on bail vide order dated 05.05.2025 in
S.B. Criminal Misc. B.A. No.4969/2025], Crime No.48/2023[on bail vide order
dated 22.05.2025 in S.B. Criminal Misc. BA No.4635/2025], Crime
No.99/2020[on bail, vide order dated 05.01.2021] and Crime
No.175/2025[extended bail vide order dated 09.10.2025], as per the details
submitted alongwith I.A. No.934/2026 and I.A. No.2125/2026. The other matter
registered at Crime No.43/2023[extended bail in M.Cr.C. No.52250/2025] is
pending for trial. The Ishtigasa No./Crime No.38/2020, 156/2019,
PN/Ujjain/Reader/NSA/35 dated 15.07.2020 and 164/2023 are registered against
the applicant under the Preventive Action. The applicant has never been
convicted. No prosecution, similar in nature, is pending against him.
As per accusation on case diary, the police force of P.S. Nagda intercepted
the applicant alongwith his car on 31.01.2025 near village Banwada to verify the
secret information. On personal search of applicant, Narcotic Contraband -
Medafine(M.D.) total quantity 25.83 grams was recovered from the pocket of his
full pant. Accordingly, applicant was arrested on 31.01.2025. He is in custody
ever since. The independent seizure witnesses Rajesh(PW1) and Tushar
Parihar(PW2) have been examined have been examined. The applicant has
NEUTRAL CITATION NO. 2026:MPHC-IND:4334
4 MCRC-2838-2026
undergone custody for more than one year. The trial would take time to
conclude. The veracity of prosecution and compliance with due procedure of
search and seizure will be determined after evidence in trial.
As informed, the applicant has responsibility of his dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. 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, 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, but with certain
stringent conditions in view of criminal antecedents of the applicant. Thus,
the application is allowed.
Accordingly, it is directed that applicant- Salman Khan @ Salman
Lala 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 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;
NEUTRAL CITATION NO. 2026:MPHC-IND:4334
5 MCRC-2838-2026
(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 ।
(6) The applicant shall mark his presence before the SHO, P.S.- Nagda, District.
Ujjain(M.P.) on every Saturday of the month till conclusion of trial. A copy of this
order be forwarded to the concerned SHO for compliance with the case diary.
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.
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
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