Madhya Pradesh High Court
Udhaybhan vs The State Of Madhya Pradesh on 22 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:15250
1 MCRC-31126-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 22 nd OF JULY, 2025
MISC. CRIMINAL CASE No. 31126 of 2025
UDHAYBHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Gopal Chaurasiya - Advocate for the applicant.
Shri Harish Sharma - Public Prosecutor appearing on behalf of Advocate
General.
ORDER
This is the First 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.61/2025
registered at Police Station - Ghatigaon, District Gwalior (M.P.) for the
commission of offence under Section 49-A of M.P. Excise Act.
2. Allegation against the applicant in, short, is that police apprehended the
applicant and recovered from his possession 10 bulk litres of illicit liqour, which
is stated to be unfit for human consumption.
3.Learned counsel for the applicant argued that applicant is innocent and has
been falsely implicated. Investigation is nearing completion, therefore, there is no
requirement of further custodial interrogation of the applicant. The offence is
triable by JMFC. Applicant is the permanent resident of District Datia (M.P.),
therefore, there is no possibility of his absconsion or tampering with the
prosecution evidence. The applicant is in custody since 18/06/2025. It is further
NEUTRAL CITATION NO. 2025:MPHC-GWL:15250
2 MCRC-31126-2025
submitted that early conclusion of the trial is bleak possibility and prolonged pre-
trial detention is an anathema to the concept of liberty. 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 and 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 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 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;
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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;
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, if
possible, by the office of this Court.
Certified copy as per rules.
(AMIT SETH)
JUDGE
Durgekar
