[Cites 4, Cited by 0]
Madhya Pradesh High Court
Aanand @ Rudra Singh Chouhan vs The State Of Madhya Pradesh on 8 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9417
1 MCRC-15257-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15257 of 2026
AANAND @ RUDRA SINGH CHOUHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Choudhary - 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.93/2026 registered at
Police Station - Panwasa, District Ujjain (M.P.) for offence punishable under
Section 34(2) of M.P. Excise Act, 1915. Applicant is in judicial custody since
25.03.2026.
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 has falsely been implicated in the
matter merely on suspicion. No offence, as alleged is committed by the applicant.
The liquor was not seized from active and conscious possession of the applicant.
The investigation is almost complete. Further custodial interrogation of the
applicant is not needed in the matter. There is no likelihood of tampering with
evidence by the applicant for the reason that he is a labourer by profession and is
NEUTRAL CITATION NO. 2026:MPHC-IND:9417
2 MCRC-15257-2026
not capable to influence the prosecution witnesses. Jail incarceration is causing
hardship to the applicant. Applicant is ready to cooperate in further investigation/
trial.
5. Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence. Learned counsel refers to
01 criminal antecedent of 34(1) of M.P. Excise Act, against the applicant, as
mentioned in the case diary. Learned counsel further submits that the applicant is
aged 20 years and he is a labourer by profession.
6. In reply, learned counsel for the applicant submits that applicant was
sentenced to imprisonment of TRC and fine for offence punishable u/S 34(1) of
M.P. Excise Act. No matter similar in nature is pending against the applicant.
6. According to the accusation on case diary, Sub Inspector Gamar Singh
Mandloi of P.S. Panwasa intercepted applicant - Anand @ Rudra Sing to verify
the secret information, on 25.03.2026. During search, the applicant was found
carrying country made plain liquor total quantity 63 bulk litres in two bags. The
applicant could not produce any valid licence or permit for transportation of the
alleged liquor. The illicit liquor and the vehicle scooty were seized from the
possession of applicant in due compliance with the procedure. The Police Station
Panwasa registered FIR for offence punishable under Section 34(2) of M.P. Excise
Act against the applicant. The applicant was arrested on the spot on 25.03.2026.
He is in custody ever since. The investigation is almost complete. The trial would
take time to conclude. 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.
7. As informed, the applicant has responsibility of aged parents.
Considering these aspects, there appears to be no possibility of fleeing from
NEUTRAL CITATION NO. 2026:MPHC-IND:9417
3 MCRC-15257-2026
justice. In absence of any substantial criminal past, considering the socio-
economic status of the applicant, there appears to be no likelihood of 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 young 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 - Anand @ Rudra Singh 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 वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या
पुिलस अिधकार को कट करने से िनवा रत हो ।
NEUTRAL CITATION NO. 2026:MPHC-IND:9417
4 MCRC-15257-2026
(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 ।
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
sumathi
