Madhya Pradesh High Court
Santosh Batham @ Bata vs The State Of Madhya Pradesh on 25 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:4063
1 MCRC-5622-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 25th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 5622 of 2025
SANTOSH BATHAM @ BATA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Singh Parmar - learned counsel for the applicant.
Shri Abhishek Bhadoriya - learned Public Prosecutor for the
respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of
BNSS for grant of bail relating to Crime No.801 of 2024 registered at Police
Station - Bahodapur District - Gwalior (M.P.) for the offence under Sections
49 (A) of the M.P. Excise Act.
2. The allegation against the present applicant is that he was found in
possession of 5 liters of illicit liquor which has been found to be unfit for
human consumption.
3 . It is submitted by counsel for applicant that applicant is innocent
and has falsely been implicated in the matter. He is in custody since
7.12.2024. Charge-sheet has been filed on 30.12.2024. As regards criminal
antecedents, as many as 23 cases have been registered against applicant
which have been disposed of. Copies of the judgments/orders are on record.
NEUTRAL CITATION NO. 2025:MPHC-GWL:4063
2 MCRC-5622-2025
It is further submitted that though as per FSL report, the seized liquor was
found to be unfit for human consumption but he is ready and willing to abide
by any condition which may be imposed by the Court. The trial is likely to
take sufficiently long time. The applicant is the permanent resident of
District Gwalior (M.P.) and there is no possibility of his absconsion or
tampering with the prosecution evidence. Hence, he prays for grant of bail to
the applicant.
4. Per contra, learned State counsel opposed the bail application on
the ground of criminal antecedents and prayed for dismissal of this bail
application.
5. Heard learned counsel for the rival parties and perused the case
diary.
6. Having considered the rival submissions and the facts and
circumstances of the case, but without expressing any opinion on the merits
of the case, this Court is of the considered opinion that the applicant may be
granted bail but with stringent condition. Hence, the application is allowed
with stringent condition. It is directed that the applicant be released on bail
on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lakh
Only) with one solvent surety in the like amount to the satisfaction of the
trial Court/committal Court.
7. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i) The applicant will comply with all the terms and
conditions of the bond executed by him;
NEUTRAL CITATION NO. 2025:MPHC-GWL:4063
3 MCRC-5622-2025
ii) The applicant will cooperate in the investigation/trial, as
the case may be;
iii) The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her from disclosing such
facts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will
not repeat the offence in future. In case offence of same nature is
repeated, this bail order shall automatically stand cancelled;
v) The applicant will not seek unnecessary adjournments
during the trial; and
vi) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case may
be.
vii) The applicant shall mark his presence before the
concerned Police Station once in a fortnight till conclusion of trial.
Copy of this order be sent to the trial Court concerned for compliance,
if possible, by the office of this Court.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
Ahmad
