Citation : 2026 Latest Caselaw 3356 MP
Judgement Date : 7 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:9187
1 MCRC-13043-2026
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. 13043 of 2026
VEERSINGH
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 the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.55/2026 registered at Police Station - Mahakal, Ujjain, District-Ujjain (M.P.) for offence punishable under Section 34(2) of M.P. Excise Act, 1915. 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 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. The illicit liquor was not seized from the active and direct possession of the applicant. He has not committed the alleged offence. Investigation is almost complete. The final report has
NEUTRAL CITATION NO. 2026:MPHC-IND:9187
2 MCRC-13043-2026 been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and his 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 states that no criminal antecedent is reported against the applicant. Applicant is aged around 34 years. He is a driver by profession.
6. According to the accusation on case diary, the police force of P.S. Mahakal, Ujjain (M.P.) intercepted one Car bearing registration no. HR-51- CT-0945, which was being driven by applicant, to verify secret information
on 19/02/2026. On search of the car, two yellow colored plastic canes containing country made r a w liquor, total quantity 55 bulk liters were recovered. The illicit liquor and the car were seized from the possession of applicant in due compliance with the procedure. The P.S. - Mahakar, Ujjain registered FIR for offence punishable under Section 34(2) of M.P. Excise Act against applicant. Applicant was apprehended on the spot i.e. 19.02.2026. 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.
7. 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 criminal past, considering the socio-
NEUTRAL CITATION NO. 2026:MPHC-IND:9187
3 MCRC-13043-2026 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.
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-Veersingh 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;
NEUTRAL CITATION NO. 2026:MPHC-IND:9187
4 MCRC-13043-2026 (5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा
10. 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
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