Madhya Pradesh High Court
Priti Kanjar vs The State Of Madhya Pradesh on 15 July, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 15th OF JULY, 2025
MISC. CRIMINAL CASE No. 27727 of 2025
PRITI KANJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sooraj Bhan Lodhi - Advocate for the petitioner.
Shri Rohit Mishra - AAG appearing on behalf of Advocate General.
ORDER
This is the second application filed by the applicant under Section 483
of the B.N.S.S., 2023, for grant of bail relating to Crime No.629/2024
registered at Police Station Karera, District Shivpuri (M.P.) for the
commission of offence under Section 49 (A), 34(2) of M.P. Excise Act. First
bail application was allowed by the Co-ordinate Bench of this Court vide
order dated 22.11.2024 passed in MCRC No. 48767/2024.
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, he was granted benefit of regular bail by the
Co-ordinate Bench of this Court vide order dated 22.11.2024 passed in
MCRC No. 48767/2024, however, the said bail order was conditional,
wherein, one condition was imposed as under :-
"(i) It is further directed that in case, if it is found in the FSL report
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that the seized liquor was unfit for human consumption, then this order
shall automatically stand recalled and the applicant shall surrender
before the concerning trial Court immediately and in case, if he does
not surrender, then the trial Court shall be at liberty to take him into
custody."
3. Counsel further submits that during intermittent period FSL report has
been received, wherein, seized liqour in respect to crime No.629/2024 was
found to be unfit for human consumption. Learned counsel further submits
that now he is in custody since 17.06.2025, and therefore, looking to the
overall facts and circumstances of the case, his 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 his absconsion or tampering with the
prosecution evidence, if he 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, he does not deserve for grant of bail and accordingly, he
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) of M.P. Excise Act is concerned, wherein, seized
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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
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 fresh personal bond in the sum of Rs.
1,00,000/- (Rupees One Lakh 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 without further reference to
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this Court;
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.
8 . Copy of this order be sent to the trial Court concerned for
compliance by the office of this Court.
Certified copy as per rules.
(AMIT SETH)
JUDGE
Durgekar
