[Cites 9, Cited by 0]
Madhya Pradesh High Court
Irfan Shaikh vs The State Of Madhya Pradesh on 13 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:6874
1 MCRC-8574-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 13 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8574 of 2026
IRFAN SHAIKH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Amit Tripathi - Advocate for the applicant - Irfan Shaikh.
Shri Gajendra Singh Dodia - G.A. for State.
WITH
MISC. CRIMINAL CASE No. 7740 of 2026
RAGNI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mujahid Ahmed - Advocate for the applicant - Ragni.
Shri G.S. Dodia - G.A. for State.
ORDER
1] They are heard and perused the case diary.
2] This order shall govern the disposal of both the applications, as both the
cases have arisen out of the same Crime No.02 of 2026 registered at Police Station
- Crime Branch, Indore.
3] Both these applications are the first bail applications filed by applicants
Irfan Shaikh and Ragni respectively under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as they are implicated in
connection with Crime No.02/2026 registered at Police Station Crime Branch,
District- Indore (MP) for offence punishable under Section 8/22 & 29 of N.D.P.S.
NEUTRAL CITATION NO. 2026:MPHC-IND:6874
2 MCRC-8574-2026
Act. The applicants are in custody since 02.01.2026.
4] It is alleged that on 02.01.2026 the applicants Irfan Shaikh, Ragni
Thakur and co-accused Sarfaraz were arrested along with 20.35 M.D. drug, the
commercial quantity of which is 50 grams.
5] Counsel for the applicants have submitted that the charge-sheet has
already been filed and there is no FSL report filed along with the charge-sheet, and
the applicants are lodged in jail since 02.01.2026. Counsel have also referred to an
order passed by this Court in the case of Vishal Vs. State of M.P. passed
in M.Cr.C. No.13895 of 2024 dated 23.04.2024 , wherein this Court has also relied
upon a decision rendered by the Supreme Court in Special Leave to Appeal (Crl.)
No.11628 of 2022 in the case of Diyas Bardewa Vs. Narcotics Control
Bureau dated 01.05.2023, in which the Supreme Court has granted bail only on the
ground that the FSL report was not filed along with the charge-sheet. Counsel have
also referred to an order passed by this Court in the case of Ambalal Vs. State of
M.P. in M.Cr.C. No.10968 of 2023 dated 20.03.2023. It is also submitted that the
issue is still pending before the Supreme Court regarding the validity of a charge-
sheet filed under the NDPS Act in which the FSL report has not been filed.
6] Counsel for the State, on the other hand, has opposed the prayer, and it
is submitted that as per the information received, the FSL report shall be filed at
the earliest. However, it is admitted that along with the charge-sheet, the FSL
report has not been filed.
7] Having considered the rival submissions, perusal of the case-diary, and
taking note of the fact that the quantity seized from the applicants is less than the
commercial quantity, whereas the FSL report itself has not been filed to prove that
the alleged contraband was actually a narcotic drug. In such circumstances, further
custody of the applicants does not appear necessary.
NEUTRAL CITATION NO. 2026:MPHC-IND:6874
3 MCRC-8574-2026
8] Accordingly, without commenting on the merits of the case, both the
applications filed by the applicants are hereby allowed. The applicants Irfan
Shaikh and Ragni are directed to be released on bail upon furnishing a personal
bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with
separate solvent surety of the like amount to the satisfaction of the trial Court for
their regular appearance before the trial Court during trial with a condition that
they shall remain present before the court concerned during trial and shall also
abide by the conditions enumerated under Section 437 (3) Criminal Procedure
Code, 1973. It is also directed that if the applicants are found to be involved in
violation of any of the terms of this order, an application for cancellation of their
bail may be filed before the trial Court itself, who shall decide the same, in
accordance with law.
9] Accordingly, both the applications are allowed and disposed of .
C.c. as per rules.
(SUBODH ABHYANKAR)
JUDGE
Pankaj
