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Madhya Pradesh High Court
Fool Singh Vishwakarma vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10984
1 MCRC-14646-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 2 nd OF APRIL, 2026
MISC. CRIMINAL CASE No. 14646 of 2026
FOOL SINGH VISHWAKARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Aman Pratap Singh Chauhan - Advocate for the applicant.
Mr. Samar Ghuraiya Dy. Govt. Advocate for respondent/State.
ORDER
This is the first application filed by the applicant under Section 483 of
B.N.S.S. for grant of bail. The applicant has been arrested in connection with
Crime No.46/2026 registered at Police Station- Radhogarh, District - Guna
(M.P.) for the offence under Sections 34(2) and 49A of M.P. Excise Act.
2. As per the prosecution story, 58 bulk liters of poisonous liquor has
been seized from the open place of the house of co-accused. Therefore,
offence was registered against the present applicant.
3. Learned counsel for the applicant submitted that applicant is
innocent and has been falsely implicated. He is in custody since 10.03.2026.
Charge-sheet is likely to be filed soon and investigation is almost complete.
It is further submitted that the place from where alleged liquor was seized,
does not belong to him. The applicant has no connection with the alleged
liquor. He has not committed any offence. The offence is triable by JMFC.
NEUTRAL CITATION NO. 2026:MPHC-GWL:10984
2 MCRC-14646-2026
Applicant does not bear criminal record. No requirement of further custodial
interrogation of the applicant and trial is likely to take long time to conclude.
Applicant is the permanent resident of District - Guna and there is no
possibility of his absconsion or tampering with the prosecution evidence, if
released on bail.
4. On the other hand, learned State has vehemently opposed the bail
application and prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case
diary.
6. Considering the above submissions made by the counsel for the
parties and looking to the facts and circumstances of the case, 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 on furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one
solvent local 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;
iii) The applicant will not indulge himself /herself in extending
inducement, threat or promise to any person acquainted with the facts of the
NEUTRAL CITATION NO. 2026:MPHC-GWL:10984
3 MCRC-14646-2026
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 or will not repeat
the 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.
vii) Thea applicant shall mark his presence on every Sunday before
Police Station concerned, between 10:30 am to 2:00 pm, till conclusion of
trial.
viii) It is made clear that if the FSL report is found positive and the
liquor is found poisonous/unfit for human consumption, then this bail order
shall stand automatically cancelled and the applicant shall surrender before
the concerned court immediately.
8. The application stands allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
(LJ*)
