[Cites 3, Cited by 0]
Madhya Pradesh High Court
Brajesh Kumar vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9272
1 MCRC-13230-2026
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. 13230 of 2026
BRAJESH KUMAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhishek Parashar - 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. 13/2026
registered at Police Station - Salsalai, District Shajapur (M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915 & Section 3(5) of
BNS, 2023. Applicant is in judicial custody since 02.03.2026.
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 shop, wherefrom, the illicit
liquor was recovered does not belong to him. The illicit liquor was not seized
NEUTRAL CITATION NO. 2026:MPHC-IND:9272
2 MCRC-13230-2026
from the active, conscious, direct and immediate possession of the applicant.
He has not committed the alleged offence. The final report has been
submitted. There is no likelihood of tampering with evidence by the
applicant for the reason that he is not capable to influence the witnesses. Jail
incarceration is causing hardship to the applicant and his dependent family.
Applicant is ready to cooperate in trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel refers to 02
criminal antecedents against the applicant, as mentioned in the case diary.
Applicant is aged around 25 years. He is a labourer by profession.
In reply, learned counsel for the applicant submits that the applicant
stands acquitted in Crime No. 239/2023. The other matter at Crime No.
181/2019 is disposed off on the basis of compromise. No prosecution is
pending against the applicant.
According to the accusation on case diary, police team of P.S.
Salsalai conducted a raid at shop of Brajesh at Chota Pampapur Dera to
verify secret information on 09.01.2026. On search of the shop, country
made foreign liquor - Total 65 bulk litres was recovered. Accused Brajesh
fled away from the spot on seeing the police. The illicit liquor was seized in
due compliance with the procedure. The P.S. - Salsalai registered FIR for
offence punishable under Section 34(2) of M.P. Excise Act & Sec 3(5) of
BNS, 2023 against suspect - Brajesh. Later, the applicant was arrested on
02.03.2026. He is in custody ever since. The fact remains that the illicit
NEUTRAL CITATION NO. 2026:MPHC-IND:9272
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liquor was not recovered and seized from direct and active possession of
applicant. 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 substantial criminal past and previous
conviction for any offence, 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- Brajesh Kumar 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):-
NEUTRAL CITATION NO. 2026:MPHC-IND:9272
4 MCRC-13230-2026
(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
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
