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Madhya Pradesh High Court
Jitendra Singh vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9266
1 MCRC-13359-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 13359 of 2026
JITENDRA SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shobhit Gupta - Advocate for the applicant.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No. 554/2026
registered at Police Station - Excise Circle, Ghatiya, District Ujjain(M.P.) for
offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant
is in judicial custody since 14.03.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the
relevant material on record.
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 dhaba wherefrom, the illicit
liquor was recovered does not belong to him. The illicit liquor was not seized
from the active, conscious, direct and immediate possession of the applicant.
NEUTRAL CITATION NO. 2026:MPHC-IND:9266
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He has not committed the alleged offence. Investigation is almost complete.
Further custodial interrogation of the applicant is not needed in the matter.
There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the young applicant and his dependent
family. Applicant is ready to cooperate in further investigation/trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence.However, after going through the case
diary, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged around 24 years. He is a labourer by profession.
According to the accusation on case diary, police team of Excise
Circle, Ujjain conducted a raid at Baba Dhaba of applicant on 14.03.2026 on
the basis of secret information. On search of dhaba, country made plain and
masala liquor - total 60.48 bulk litres was recovered from two Vimal bags.
The illicit liquor was seized in due compliance with the procedure. The P.S. -
Excise Circle Ujjain registered FIR for offence punishable under Section
34(2) of M.P. Excise Act against Jitendra Singh. Applicant was apprehended
on the spot. He is in custody ever since. The trial would take time to
conclude. The veracity of prosecution and complicity of the applicant will be
determined after evidence in the trial.
As informed, the applicant has the responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedents, considering the socio-
economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the witnesses by the
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applicant. The offence is triable by JMFC. There appears to be no
compelling reason to continue incarceration of the young applicant.
However, the observations, herein-above, are recorded for present
application only.
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.
Accordingly, it is directed that applicant- Jitendra Singh 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 ।
(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
This order shall be effective till the end of trial. However, in case of
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breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
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
sh
