Madhya Pradesh High Court
Shahrukh @Kalu Shah vs The State Of Madhya Pradesh on 25 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:28238
1 MCRC-43340-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 25th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 43340 of 2025
SHAHRUKH @KALU SHAH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mohammed Imran Khan - Advocate for the applicant.
Shri Tarun Pagare GA for the State.
ORDER
1. This first 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. 409/2025 registered at Police Station- Badnagar,
District Ujjain(M.P.) for offence punishable under Section 49-A of the M.P.
Excise Act. Applicant is in judicial custody since 07/06.2025.
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. He has not committed the alleged offence. The illicit
liquor was not recovered from active and conscious possession of the
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2 MCRC-43340-2025
applicant. The Investigation Officer is not an expert to determine that the liquor
was unfit for human consumption. The final report has been filed on
completion of investigation. The FSL report is not received. There is no
likelihood of tampering with evidence by the applicant. Jail incarceration is
causing hardship to the applicant and dependent family. Applicant is ready
to cooperate in the trial.
5. Per contra, learned counsel for the State opposed the application
on the ground of gravity of alleged offence. Learned counsel further refers to
seven criminal antecedents against the applicant, as mentioned in the case
diary.
6. In reply, learned counsel for the applicant submits that, the
applicant stands acquitted in the offence registered at Crime nos. 461/2016
and 516/2016 vide judgment dated 04/08/2025 and 22/07/2025 respectively.
Other matters are pending for trial. No prosecution of similar nature is
pending against the applicant.
7. According to the material available on case diary, ASI Mansingh
Paskale of Police Station - Badnagar along with police force intercepted
applicant - Shahrukh to verify the secret information on 07/06/.2025. The
country-made raw liquor total quantity - 8 bulk litres was recovered and
seized from the possession of the applicant. The liquor was suspected to be
unfit for human consumption. He was apprehended on the spot. The
chemical analysis report is still awaited. The veracity of prosecution will be
determined after evidence in the trial.
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3 MCRC-43340-2025
8. As informed, the applicant is aged 32 years. He is driver by
profession and has the responsibilities of his dependent family. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of substantial criminal past and previous 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, however, on stringent
conditions in view of his criminal antecedents. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant - Shahrukh 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 as under):-
(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 ।
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4 MCRC-43340-2025
(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) आवेदक 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 गl ।
(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 आवेदकगण धारा ३०९ दं. .सं. / ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे।
(6) The applicant shall mark his presence before the SHO, P.S.- Badnagar, District.
Ujjain (M.P.) on every Saturday of month till conclusion of trial. A copy of this
order be forwarded to the concerned SHO for compliance with the case diary.
(7) If FSL report reveals any poisonous substance in the liquor, this bail order shall
stand cancelled without further reference to this Court and the applicant shall
surrender forthwith.
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
