[Cites 2, Cited by 0]
Madhya Pradesh High Court
Nikhil 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:9454
1 MCRC-14860-2026
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. 14860 of 2026
NIKHIL CHOUHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah - Advocate for the petitioner.
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.206/2025
registered at Police Station - G.R.P. Ratlam, District Ratlam (M.P.) for
offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant
is in judicial custody since 17.03.2026.
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 regarding the applicant is almost complete.
NEUTRAL CITATION NO. 2026:MPHC-IND:9454
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Further custodial interrogation of the applicant is not needed in the matter.
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 further investigation/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 22 years, B-Pharma student.
6. According to the accusation on case diary, S.I. Bhuralal Mandod of
P.S. G.R.P, District Ratlam (M.P.) conducted a raid on 01.08.2025 at
platform no.2 of Ratlam Railway Station to verify the secret information.
The assailant fled away on seeing the police. On search of the bags left by
the offender 54 bulk litres of country made foreign liquor was
recovered. The illicit liquor was seized in due compliance with the
procedure. Investigation regarding the applicant is almost complete and it is
pending against the absconding accused. The P.S. - G.R.P., Ratlam
registered FIR for offence punishable under Section 34(2) of M.P. Excise
Act against applicant. On tracing the registration number of the vehicle
found at the spot of the incident, applicant Nikhil Chouhan was apprehended
on 17.03.2026. 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 aged parents.
Considering these aspects, there appears to be no possibility of fleeing from
NEUTRAL CITATION NO. 2026:MPHC-IND:9454
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justice. In absence of criminal past, 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 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-Nikhil Chouhan 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 ।
NEUTRAL CITATION NO. 2026:MPHC-IND:9454
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(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 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
