Facts
The applicant was intercepted by the police on September 15, 2025, based on secret information.
Source reference: para. 4A personal search resulted in the recovery of 40.5 grams of MD Drugs from his pant pocket.
Source reference: para. 4Consequently, Crime No. 455/2025 was registered under Sections 8/22 and 29 of the NDPS Act at P.S. Agar Malwa.
Source reference: no citationThe applicant has been in judicial custody since his arrest on September 15, 2025.
Source reference: para. 1A previous bail application (M.Cr.C. No. 54454/2025) was dismissed as withdrawn on November 26, 2025.
Source reference: para. 1The applicant moved this second bail application after the examination of material prosecution witnesses Ravi (PW.1) and Gajab Singh (PW.2).
Source reference: para. 1, 2Issues
Whether the applicant is entitled to regular bail under Section 483 of BNSS 2023, considering the nature of the contraband seized and the progress of the trial.
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Cr.P.C.) regarding the grant of regular bail.
Source reference: para. 1It further considered Sections 8, 22, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Source reference: para. 1The court also referenced Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.) regarding the timely examination of witnesses.
Source reference: para. 7(5)Reasoning
The Court noted that while the contraband was allegedly recovered from the applicant's pocket, the quantity did not fall within the "commercial" category.
Source reference: para. 2, 4It observed that the applicant is a 20-year-old labourer with no reported criminal antecedents and has already undergone six months of incarceration.
Source reference: para. 2, 3, 5The Court found that since the material independent seizure witnesses (PW.1 and PW.2) have already been examined, the risk of tampering with evidence or influencing witnesses is minimal.
Source reference: para. 2, 5Given the applicant's socio-economic status and the fact that the trial is expected to take significant time, the Court determined there was no "compelling reason" to continue his incarceration.
Source reference: para. 5The Court clarified that the veracity of search and seizure procedures remains a matter for trial merits.
Source reference: para. 4Holding
The High Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 50,000/- with one surety of the same amount.
The bail is subject to conditions including: (i) regular appearance at hearings; (ii) refraining from committing similar offences; (iii) no tampering with evidence or threatening witnesses; and (iv) compliance with Section 346 of BNSS regarding witness examination.
Source reference: para. 7The Court held that there was no likelihood of recidivism or fleeing from justice.
Source reference: para. 5Original Court PDF
Alfaiz Sheikh v. The State of Madhya Pradesh [M.Cr.C. No. 10273 of 2026]
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