Madhya Pradesh High Court
Rohit vs The State Of Madhya Pradesh on 16 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:26898
1 MCRC-40198-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 16th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 40198 of 2025
ROHIT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Himanshu Thakur - Advocate for the applicant.
Shri Amit Raval GA for the State.
ORDER
1. This third bail application has been filed by applicant under
Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of
regular bail in connection with Crime No. 211/ 2025 registered at Police
Station- Ringnod, District- Ratlam (M.P.) for offence punishable under
Sections 34 (2) of the M.P. Excise Act. Applicant is in judicial custody since
16/05/2025.
2. Applicant's first bail application was dismissed as withdrawn vide
order dated 26/06/2025 passed in MCRC no. 24596/2025 with a liberty to
renew the prayer after charges are framed, as also his second bail application
was dismissed as withdrawn vide order dated 08/08/2025 passed in MCRC
no. 33405/2025 with a liberty to renew the prayer after examination of
seizure witnesses. However, seizure witnesses have been examined before
the trial Court.
NEUTRAL CITATION NO. 2025:MPHC-IND:26898
2 MCRC-40198-2025
3. Heard the arguments.
4. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
5. 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 No offence, as alleged, is committed by the applicant.
The illicit liquor was not seized from conscious and active possession of the
applicant. Seizure witnesses Jassulal PW-1 and Devilal PW-2 have been
examined before the trial Court and they have not supported the prosecution.
There is no likelihood of tampering with evidence of departmental police
witnesses by the applicant. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in trial.
6 . Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers to
four criminal antecedents as mentioned in the case diary.
7. In reply, learned counsel for the applicant submits that the
applicant has been sentenced to fine of Rs. 500 in Crime no 367/2019, PS-
Ringnod for offence punishable under section 34(1) of M.P. Excise Act. In
Crime no. 184/2020, PS - Ringnod, the applicant has been sentenced to
seven years imprisonment with fine of Rs. 50,000/ for the offence punishable
under section 8/18, 25, 29 of the NDPS Act vide judgment dated 03/04/2024,
however, his jail sentence has been suspended by the Appellate Court. Other
mattes are pending for trial, in which he has been extended the benefit of
bail.
NEUTRAL CITATION NO. 2025:MPHC-IND:26898
3 MCRC-40198-2025
8. According to the material available on case diary, Sub-Inspector
Rajesh Malviya conducted a raid on 16/05/2025 near New Hariyani
Rajasthani Dhaba to verify the secret information.. Country-made foreign
liquor, total quantity 168 bulk liters was recovered from the possession of
Rohit (applicant). He could not produce any valid licence / permit for the
alleged liquor. He was apprehended on 16/05/2025. He is in custody ever
since. The trial is under way.. The seizure witnesses have been examined.
They did not support the prosecution. The veracity of prosecution will be
determined after evidence in the trial.
9. As informed, the applicant is aged around 24 years and is labourer
by profession. He has the family responsibilities. Considering these aspects,
there appears to be no possibility of fleeing from justice. Considering the
socio-economic status of the applicant, there appears to be no likelihood of
tampering with evidence or influencing the remaining 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.
10. 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, however, on
stringent conditions in view of his criminal antecedents. Thus, the
application is allowed.
11. Accordingly, it is directed that applicant - Rohit shall be released
on bail in connection with Crime, as mentioned in first paragraph of this
NEUTRAL CITATION NO. 2025:MPHC-IND:26898
4 MCRC-40198-2025
order, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) with two solvent sureties 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
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 ।
(6) The applicant shall mark his presence before the SHO, P.S.- Ringnod, District
Ratlam(M.P.) on first Saturday of every month till conclusion of trial. A copy of
this order be forwarded to the concerned SHO for compliance with the case diary.
12. 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.
NEUTRAL CITATION NO. 2025:MPHC-IND:26898
5 MCRC-40198-2025
13. 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 had explained
the conditions to the concerned accused or the surety.
C C as per rules..
(SANJEEV S KALGAONKAR)
JUDGE
amol
