Madhya Pradesh High Court

Geeta Bai Shivhare vs The State Of Madhya Pradesh on 4 July, 2025

         NEUTRAL CITATION NO. 2025:MPHC-GWL:13739




                                                               1                          MCRC-29104-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                         BEFORE
                                              HON'BLE SHRI JUSTICE AMIT SETH
                                                    ON THE 4 th OF JULY, 2025
                                           MISC. CRIMINAL CASE No. 29104 of 2025
                                                   GEETA BAI SHIVHARE
                                                          Versus
                                              THE STATE OF MADHYA PRADESH
                          Appearance:
                             Shri Aditya Sharma - Advocate for the applicant.
                             Ms.Ekta Vyas - Panel Lawyer for respondent/State.

                                                                   ORDER

This is the second application filed by the applicant under Section 483 of the B.N.S.S., 2023, for grant of regular bail in connection with Crime No.54/2024 registered at Police Station -Physical Thana, District Shivpuri (M.P.) for the commission of offence under Section 49-A, 34 of M.P. Excise Act. First bail application was allowed by the Co-ordinate Bench of this Court vide order dated 16.04.2024 passed in MCRC No.13625/2024.

2. Counsel appearing for the applicant submits that the applicant is

innocent and has been falsely implicated in the matter. He further submits that in the offence in question, she was granted benefit of regular bail by the Co-ordinate Bench of this Court vide order dated 16.04.2024 passed in MCRC No. 13625/2024, however, the said bail order was conditional, wherein, one condition was imposed as under :-

"(vi) If FSL report reveals any poisonous substance in the liquor, this bail order shall stand cancelled without further reference to this Court

NEUTRAL CITATION NO. 2025:MPHC-GWL:13739

2 MCRC-29104-2025 and applicant shall surrender forthwith."

3. Counsel further submits that during intermittent period FSL report has been received, wherein, seized liqour in respect to crime No.54/2024 was found to be unfit for human consumption. Learned counsel further submits that now she is in custody since 24.06.2025, and therefore, looking to the overall facts and circumstances of the case, her case may be considered for grant of regular bail. It is further submitted that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Applicant is a permanent resident of District Shivpuri (M.P.), and there is no possibility of her absconsion or tampering with the prosecution evidence, if she released on bail. Hence, learned counsel prays for grant of bail to the applicant.

4. On the other hand, counsel appearing for the State opposed the bail application on the ground that conditional bail was granted to the applicant, and therefore, she does not deserve for grant of bail and accordingly, she prayed for its rejection.

5. Heard learned counsel for the rival parties and perused the case diary available on record.

6. Considering the totality of facts and circumstances of the case and so far as Section 49-A, 34 of M.P. Excise Act is concerned, wherein, seized liqour was found unfit for human consumption, the said aspect is required to be taken into consideration by the trial court at the time of passing the final judgment. Therefore, this Court is inclined to enlarge the applicant on bail by

NEUTRAL CITATION NO. 2025:MPHC-GWL:13739

3 MCRC-29104-2025 imposing stringent condition, but without expressing any opinion on merits of the case, this application is allowed, and it is directed that the applicant be released on bail upon furnishing a personal bond in the sum of Rs. 70,000/- (Rupees Seventy Thousand only) along 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/her;

ii) The applicant will cooperate in the investigation /trial, as the case may be;

iii) The applicant will not indulge himself /herself 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 acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;