Madhya Pradesh High Court
Najir Khan vs The State Of Madhya Pradesh on 9 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:29478
1 MCRC-44660-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 44660 of 2025
NAJIR KHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Vyas- Advocate for the applicant appeared through V.C.
Shri Tarun Pagare GA for the State.
ORDER
1. This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No 97 of 2025
registered at Police Station -Kharakua, District - Ujjain (M.P.) for offence
punishable under Section 49-A of the M.P. Excise Act. Applicant is in judicial
custody since 03/07/2025.
2. . Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds mentioned
in the application submits that the applicant is falsely implicated in the alleged
offence merely on suspicion. The alleged illicit liquor was seized from the active
and conscious possession of the applicant. The alleged offence is triable by
Judicial Magistrate First Class. There is no likelihood of tampering with evidence
by the applicant. The final report has been submitted on completion of
NEUTRAL CITATION NO. 2025:MPHC-IND:29478
2 MCRC-44660-2025
investigation. Jail incarceration is causing hardship to the young applicant and his
family. Applicant is ready to cooperate in trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel further refers to five
criminal antecedents as mentioned in the case diary
6. In reply, learned counsel for the applicant submits that the
applicant stand acquitted in Crime no. 471/2023 registered at PS -
Nanakheda, District - Ujjain vide judgment dated 07/12/2024 passed in RCT
no. 7421/2023 as also in Crime no. 110/2024 registered at PS- Kharakua,
District - Ujjain v i d e judgment dated 30/06/2025 passed in RCT no.
2626/2024. Other matters are pending for trial. He has never been convicted
for similar offence.
7. According to the material available on case diary, the applicant was
found in possession of 5 bulk liters country-made raw liquor suspected to be unfit
for human consumption. As per the FSL report, the seized sample contains
14.05% ethyl alcohol and traces of sediment and Ammonium Chloride, therefore,
it was opined to be unfit for human consumption. However, percentage of
Ammonium Chloride is not reflected in the FSL report. There is no opinion that
the liquor was poisonous or life threatening. The trial would take time to
conclude. The veracity of prosecution will be determined after evidence in the
trial.
8. As informed, the applicant is aged 20 years and is labourer by
profession. He is still dependent on family and survives on occasional labour
work. Considering these aspects, there appears to be no possibility of fleeing
from justice. In absence of any substantial criminal past and previous
NEUTRAL CITATION NO. 2025:MPHC-IND:29478
3 MCRC-44660-2025
conviction for any major offence, considering the socio economic status of the
applicant, there appears to be no likelihood of tampering with evidence or
influencing the witnesses by the applicant. The offence is triable by JMFC. There
appears to be no compelling reason to continue incarceration of the applicant.
However, the observations, herein-above, are recorded for present application
only.
9. Considering the rival contentions and overall circumstances of the case,
in the light of aforestated facts, but without commenting on the merits, this Court
is inclined to release the applicant on bail. Thus, the application is allowed.
10. Accordingly, it is directed that applicant- Najir Kha shall be released
on bail in connection with Crime, as mentioned in first paragraph of this order,
upon furnishing a personal bond in the sum of Rs 25,000/- (Rupees Twenty Five
Thousand only) with one surety of the same amount to the satisfaction of the Trial
Court, for compliance with the following conditions : (For convenience of
understanding by accused and surety, the conditions of bail are also reproduced in
Hindi asunder):-
(1) Applicant shall remain present on every date of hearing as may be
directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत
रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar
nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the
police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से
लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस
अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या
NEUTRAL CITATION NO. 2025:MPHC-IND:29478
4 MCRC-44660-2025
सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions
of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita,
2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं .
.सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन
सुिन त करे गा ।
11. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
12. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
