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Madhya Pradesh High Court
Raees Khan vs The State Of Madhya Pradesh on 19 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:1640
1 MCRC-54722-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 19 th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 54722 of 2025
RAEES KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sachin Parmar, Advocate for the applicant.
Shri Sunit Kapoor, Govt. Advocate for the respondent/State.
ORDER
1. This first application has been filed by applicant under Section 483 of
BNSS, 2023, 1973 for grant of bail in connection with Crime No.264/2025
registered at Police Station Agar, District Agar Malwa(M.P.) for offence
punishable under Section (s) 8, 20 and 29 of NDPS Act . The applicant is in
judicial custody since 26.06.2025(as per arrest memo).
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 basis of information given by co-accused Wasim in police
custody and his self-incriminating statement, which is 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 the
NEUTRAL CITATION NO. 2026:MPHC-IND:1640
2 MCRC-54722-2025
active, immediate and conscious possession of the applicant. No C.D.R. or money
trail is available to show the complicity of the applicant in the alleged offence. The
final report has been submitted on completion of investigation. There is no
likelihood of tampering with evidence by the applicant. Jail incarceration is
causing hardship to the applicant. Applicant is ready to co-operate in further 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. The applicant is aged around 50 years and is
labourer by profession. Learned counsel further refers to 01 criminal antecedent
against the applicant, as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that the applicant has
been acquitted in Crime No.236/2018 vide judgment dated 06.11.2025, passed in
Special Case No.16/2024 by the Special Judge(NDPS), Agar. No prosecution is
pending against him.
7. As per the accusation on case diary, Sub-Inspector Sanjay Gunera of
P.S. Agar received a secret information on 03.06.2025 that Wasim has collected
the Narcotic Contraband - Ganja at his house. Accordingly, a raid was conducted
at the house of Wasim. Narcotic Contraband Ganja, total quantity 21.510 Kg was
recovered from the house of Wasim. The narcotic contraband was seized from
Wasim, therefore, he was arrested for offence punishable under Section 8/20 of the
NDPS Act. Wasim informed that he had contacted Raees Khan(applicant) for
supplying the narcotic contraband. Raees introduced him to Darbar Singh. Raees
and Darbar provided him the narcotic contraband Ganja, which was seized by
police. Accordingly, applicant was arrested on 26.06.2025. He is in custody ever
since. The final report was submitted on completion of investigation.
The applicant is implicated on the basis of information of co-accused in police
NEUTRAL CITATION NO. 2026:MPHC-IND:1640
3 MCRC-54722-2025
custody. However, no money trail or Call Detail Report is available to show
communication between the applicant and main accused Wasim. The fact remains
that the narcotic contraband was not seized from the active and conscious
possession of the applicant. The veracity of the prosecution and complicity of the
applicant will be determined after evidence in trial. The contentions advanced by
the applicant have prima facie merit and cannot be dismissed as manifestly
baseless. In view of the facts revealed by the case diary, this 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.
8. As informed, the applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In absence
of substantial criminal past and previous conviction for any offence, 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.
9. 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.
1 0 . Accordingly, it is directed that applicant- Raees Khan 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
NEUTRAL CITATION NO. 2026:MPHC-IND:1640
4 MCRC-54722-2025
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 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 ।
11. 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.
12. 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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