[Cites 2, Cited by 0]
Madhya Pradesh High Court
Ravi vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9177
1 MCRC-13041-2026
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. 13041 of 2026
RAVI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Prachi Bansal - Advocate for the applicant.
Shri Bhaskar Agrawal GA for the State.
ORDER
1. This first application has been filed by applicants under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.32/2026 registered at Police Station-Jiwajiganj,
Ujjain District Ujjain(M.P.) for offence punishable under Section 49-A of
the M.P. Excise Act. Applicants are in judicial custody since 20/02/2026.
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 applicants, in addition to the grounds
mentioned in the application, submits that the applicants are falsely
implicated in the alleged offence merely on suspicion. They have not
committed the alleged offence. The illicit liquor was not recovered from
active and conscious possession of the applicants. Investigation Officer is not
NEUTRAL CITATION NO. 2026:MPHC-IND:9177
2 MCRC-13041-2026
an expert to 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 applicants
for the reason that applicant Ravi is agriculturist and applicant Rekha is
homemaker and are not capable to influence the witnesses. Jail incarceration
is causing hardship to the applicants and their family. Applicants 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 applicants, Applicant Ravi is aged around 21 years and is an agriculturist
by profession. Applicant Rekha is aged around 27 years and is homemaker
by profession.
6. According to the accusation on the case diary, the police force of
Police Station - Jiwajiganj, Ujjain intercepted applicants near Walmiki Dham
during nigh patrolling to verify the secret information on 20/02/2026. A
plastic cane was recovered from applicant Ravi. On search of the cane,
country-made raw liquor total quantity - 5 bulk litres was seized from the
joint possession of applicants. The liquor was suspected to be unfit for
human consumption. The applicant could not produce any valid permit /
licence. They were apprehended on the spot. The chemical analysis report is
awaited. The contentions advanced by the applicants have prima-facie merit
and cannot be dismissed as manifestly baseless. The veracity of prosecution
will be determined after evidence in the trial.
NEUTRAL CITATION NO. 2026:MPHC-IND:9177
3 MCRC-13041-2026
7. As informed, applicant Ravi is aged around 21 years. He is still
dependent on his family and survives on occasional labour work. Applicant
Rekha is aged around 27 years and has responsibility of the family.
Considering these aspects, there appears to be no possibility of fleeing from
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 applicants. The offence is triable by JMFC. There appears
to be no compelling reason to continue incarceration of the applicants.
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 applicants on bail. Thus, the application is
allowed.
9. Accordingly, it is directed that applicants Ravi and Rekha 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) each with separate surety each 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) Applicants shall remain present on every date of hearing as may be directed by the
concerned court;
(1) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहगे ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गे ।
NEUTRAL CITATION NO. 2026:MPHC-IND:9177
4 MCRC-13041-2026
(3) Applicants 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) आवेदकगण 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 ह
।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवेदकगण 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 ं करगे ।
(5) During trial, the applicants 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 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. 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
