Madhya Pradesh High Court
Thanedar vs The State Of Madhya Pradesh on 18 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:14974
1 MCRC-31067-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 18 th OF JULY, 2025
MISC. CRIMINAL CASE No. 31067 of 2025
THANEDAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arshad Ali - Advocate for the applicant.
Shri V.P.S. Tomar - Panel Lawyer for respondent/State.
ORDER
This is the first application filed by the applicant u/S. 439 of Cr.P.C. (483 of
B.N.S.S.) for grant of bail relating to Crime No. 62/2025 registered at Police
Station - Mohna, District - Gwalior (M.P.) for the offence under Section 49 (A) of
Excise Act.
2.Allegation against the present applicant is that 08 bulk liters of illicit
liquor which is unfit for human consumption has been recovered from the
possession of present applicant.
3. Counsel appearing for the applicant submits that the applicant is innocent
and has been falsely implicated in the matter. The applicant was arrested and he is
under custody since 24.06.2025. He further submits that investigation is complete
and challan has been filed in the matter. The applicant 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. Applicant will not indulge himself in similar type of
offence in future. He is the permanent resident of District Datia (M.P.) and there is
no possibility of his absconsion or tampering with the prosecution evidence.
NEUTRAL CITATION NO. 2025:MPHC-GWL:14974
2 MCRC-31067-2025
Accordingly, learned counsel prays for grant of regular bail to the applicant.
4. On the other hand, learned State counsel vehemently opposed the bail
application and prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case diary.
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 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, 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. 50,000/- (Rupees fifty 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;
NEUTRAL CITATION NO. 2025:MPHC-GWL:14974
3 MCRC-31067-2025
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 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
Van
