Madhya Pradesh High Court
Imran vs The State Of Madhya Pradesh on 19 August, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:22730
1 MCRC-34370-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 19th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 34370 of 2025
IMRAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Yadav advocate for the applicant.
Shri Amit Raval public prosecutor for the State.
ORDER
1. This first bail application has been filed by applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with
Crime No. 242 of 2025 registered at Police Station- Sarangpur District- Rajgadh,
(M.P.) for an offence punishable under Sections 34(2) and 49(A) of M.P. Excise
Act. The applicant is in judicial custody since 18.5.2025.
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 falsely been implicated in the matter.
The Final report has been filed without chemical analysis of the seized liquor.
Learned counsel submits that the Investigating Officer is not an expert to
determine that the liquor was unfit for human consumption. The alleged offence is
triable by Judicial Magistrate First Class. There is no likelihood of tampering
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with evidence by the applicant for the reason that the applicant is labourer by
profession and is not capable to manipulate the evidence. Jail incarceration of the
applicant is causing hardship to the applicant and the dependent family. Applicant
is ready to cooperate in the trial.
5. Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence and cites five criminal
antecedents against the applicant.
6. In reply, learned counsel for the applicant submits that the applicant stands
acquitted vide judgment dated 10th August 2016 in RCT No. 200699/2013. Other
matters are pending for trial. He has never been convicted for any major offence.
7. According to the material available on case diary, the applicant was found in
possession of 65 bulk liters country made raw liquor suspected to be unfit for
human consumption. The alleged offence is triable by Judicial Magistrate First
Class. The FSL report is still awaited. The veracity of prosecution will be
determined after evidence in the trial.
8. As informed, the applicant is aged 30 years and is labourer by profession. He
has the responsibility of family. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of any substantial criminal past and
previous conviction for any major offence, considering the socio economic status
of the applicant, there appears to be no likelihood of tampering with evidence or
influencing the witnesses by the applicant. The offence is triable by JMFC. There
appears to be no compelling reason to continue incarceration of the applicant.
However, 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
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inclined to release the applicant on bail. Thus, the application is allowed,
10. Accordingly, it is directed that applicant- Imran shall be released on bail in
connection with the Crime, as mentioned in first paragraph of this order, upon
furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty 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 asunder):-
(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 ।
(6) If FSL report reveals any poisonous substance in the liquor, this bail order
shall stand cancelled without further reference to this Court and the applicant
shall surrender forthwith.
11. This order shall be effective till the end of trial. However, in case of
breach of any of the pre-conditions of bail, it shall become ineffective
without reference to the Court.
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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
BDJ
