[Cites 2, Cited by 0]
Madhya Pradesh High Court
Jitendra vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9288
1 MCRC-13304-2026
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. 13304 of 2026
JITENDRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Hritwike Raj Singh - Advocate for the applicant.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
ORDER
This first bail application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in
connection with Crime No. 18/2026 registered at Police Station- Kotwali,
District- Ujjain, (M.P.) for an offence punishable under Sections 49(A) of
M.P. Excise Act. The applicant is in judicial custody since 19.02.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant has falsely been
implicated in the matter merely on suspicion. The liquor was not seized from
active and conscious possession of the applicant. The investigation is almost
NEUTRAL CITATION NO. 2026:MPHC-IND:9288
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complete. Further custodial interrogation of the applicant is not needed in the
matter. The alleged offence is triable by Judicial Magistrate First
Class. There is no likelihood of tampering with evidence by the applicant for
the reason that he is a labourer by profession and is not capable to influence
the prosecution witnesses. Learned counsel for the applicant states that no
criminal antecedent is reported against the applicant. Jail incarceration is
causing hardship to the applicant and the dependent family. Applicant is
ready to cooperate in further investigation/ trial.
Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence. Learned counsel
further submits that the applicant is aged 25 years and he is a labourer by
profession.
As per accusation on case diary, S.I. - Jay Prakash Sharma of the Police
Station Kotwali intercepted Jitendra(applicant) near bushes at Nazar Ali Mill
Premises to verify the secret information on 19.02.2026. Applicant was
found selling spurious liquor. A plastic cane was recovered from the
applicant. On search of the plastic cane, country-made raw liquor total
quantity - 05 bulk litres was recovered and seized. The liquor was suspected
to be unfit for human consumption. The applicant could not produce any
valid permit / license. He was apprehended on the spot. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution and complicity of the
applicant will be determined after evidence in the trial.
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As informed, the applicant has 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
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.
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 shall be released on
bail in connection with the 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
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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) 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.
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.
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
