Madhya Pradesh High Court
Rajan @ Rajjan Kanjar vs The State Of Madhya Pradesh on 24 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:15478
1 MCRC-22904-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 24th OF JULY, 2025
MISC. CRIMINAL CASE No. 22904 of 2025
RAJAN @ RAJJAN KANJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anil Jha - Advocate for the petitioner.
Ms. Ankita Mathur Public Prosecutor appearing on behalf of
Advocate General.
ORDER
1 . This is the Third bail application filed by the applicant under
Section 483 of BNSS, 2023, seeking grant of regular bail in connection
with Crime No.519/2023 registered at Police Station Bhitarwar, District
Gwalior (M.P.) for the commission of offence under Section 34 (2)
added section 49-A of the Excise Act. The first bail application was
dismissed on merit vide order dated 07/04/2025 passed in M.Cr.C. No.
14766/2025 and the second bail application was also dismissed vide
order dated 07/05/2025 passed in M.Cr.C.No. 19688/2025 on the ground
that there is no change in circumstances.
2. Allegation against the present applicant is that total 60 bulk
liters of illicit liquor has been seized from possession of the present
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applicant, for which the applicant was not having any valid and effective
license and the same was found unfit for human consumption.
3. The counsel appearing for the applicant submits that the
applicant is innocent and has been falsely implicated in the matter. The
applicant has not committed any offence. The applicant is in custody
since 24.03.2025. Learned counsel by referring to the statements of the
independent witnesses PW/1 - Rajveer & PW/2- Balwant Singh, who
have been examined on 14/05/2025 submits that the said witnesses have
not supported the story of prosecution and have turned hostile and,
accordingly, the prosecution case becomes doubtful. The counsel for the
applicant further submits that the applicant is ready and willing to abide
by any conditions which may be imposed by this Court. The offence is
triable by JMFC. The trial is likely to take sufficiently long time. The
applicant will not indulge himself in similar type of offence in future.
The applicant is the resident of District Gwalior (M.P.) and there is no
possibility of his absconsion or tampering with the prosecution evidence.
Accordingly, learned counsel for the applicant prays for grant of regular
bail to the applicant.
4. On the other hand, learned counsel appearing for the State
opposes the bail application and prays for its rejection.
5 . Heard learned counsel for the parties and perused the case
diary.
6. In view of the above and considering the totality of the
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facts and the circumstance 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 the
merits of the case, the application is allowed. It is directed that the
applicant be released on bail upon furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lakh Only) along with two local solvent
sureties 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;
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 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,
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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 by the Office of this Court.
9. Certified copy as per rules.d
(AMIT SETH)
JUDGE
Durgekar
