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Madhya Pradesh High Court
Rajiv vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9159
1 MCRC-13045-2026
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. 13045 of 2026
RAJIV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Hritwike Raj Singh - Advocate for the applicant.
Shri Bhaskar Agrawal 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.59/2026 registered at Police Station-Panwasa,
Ujjain District Ujjain(M.P.) for offence punishable under Section 49-A of
the M.P. Excise Act. Applicant is in judicial custody since 19/02/2026.
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 merely on suspicion. He has not committed the alleged
offence. The illicit liquor was not recovered from active and conscious
possession of the applicant. Investigation Officer is not an expert to
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determine that the liquor was unfit for human consumption. The final report
has been filed on completion of investigation. The FSL report is awaited.
There is no likelihood of tampering with evidence by the applicant for the
reason that he is a labourer and is not capable to influence the witnesses. 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 opposes the application
on the ground of gravity of alleged offence. However, after going through
the case diary, he fairly admits that no criminal antecedent is reported against
the applicant, Applicant is aged 46 years. He is a labourer by profession.
6. According to the accusation on the case diary, the police force of
Police Station - Kotwali Ujjain, District Ujjain(M.P.) intercepted applicant
during night patrolling near Pardi Mohalla, Pawasa to verify the secret
information on 19/02/2026. A plastic cane was recovered from the applicant.
On search of the cane, country-made raw liquor total quantity - 5 bulk litres
was seized and recovered from the possession of the applicant. The liquor
was suspected to be unfit for human consumption. The applicant could not
produce any valid permit / licence. He was apprehended on the spot. The
chemical analysis report is awaited. The contentions advanced by the
applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. The veracity of prosecution will be determined after evidence in the
trial.
7. As informed, the applicant has responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
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justice. In absence of any criminal antecedent, 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.
8. 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.
9. Accordingly, it is directed that applicant -Rajiv 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) 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
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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) 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.
10. A copy of this order be forwarded to the concerned SHO for
compliance with the case diary. 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.
11. 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
