Vijendra vs The State Of Madhya Pradesh on 8 April, 2026

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

         NEUTRAL CITATION NO. 2026:MPHC-IND:9452




                                                               1                           MCRC-14753-2026
                              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. 14753 of 2026
                                                         VIJENDRA
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Aditya Verma, Advocate for the applicant.
                                   Shri Rahul Solanki, Govt. Advocate for the respondent/State.

                                                                   ORDER

This first application has been filed by applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.293/2025 registered at Police Station - Excise Circle, Susner, District Agar Malwa(M.P.) for offence punishable under Section (s) 34(1)(A), 49-A and 34(2) of M.P. Excise Act. The applicant is in judicial custody since 16.03.2026.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary

and the relevant material on record.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in this matter merely on the basis of information given by co-accused in police custody. No offence, as alleged, is committed by the present applicant. Learned counsel for the applicant further submits that as per the FSL report, the seized samples contains 17.57%(Annexure-A/3) and 16.18%(Annexure-A/4) Ethyl alcohol

NEUTRAL CITATION NO. 2026:MPHC-IND:9452

2 MCRC-14753-2026 alongwith traces of furfural and sediments. However, exact percentage of furfural and sediments is not reflected in the FSL report. There is no opinion that the liquor was poisonous or life threatening. The final report has 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 family members. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per Contra, learned counsel for the respondent/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 antecedents is reported against the applicant. The applicant is aged around 26 years and he is a labourer by profession.

As per accusation on record, the police force of Excise Circle, Susner intercepted the vehicle bearing Registration No.MP 39 ZG 3754 to verify the secret information. The rider and the pillion rider of the motorcycle escaped from the spot taking the benefit of darkness. The motorcycle and a plastic bag containing 50 bulk litres of country-made liquor was seized from the spot. Tracing the registration of vehicle, Neetu Kanjar was apprehended. Neetu informed that her husband was driving the motorcycle on the date of seizure. Accordingly, the applicant was given notice. On completion of investigation, final report was submitted. The trial Court rejected the application for grant of bail and took the applicant in custody on 16.03.2026. He is in custody ever since. The fact remains that the illicit liquor was not seized from the active and conscious possession of the applicant. The FSL report also does not reveal exact percentage of furfural and sediments and there is no opinion that the liquor was poisonous or life threatening. The contentions advanced by the applicant have prima-

NEUTRAL CITATION NO. 2026:MPHC-IND:9452

3 MCRC-14753-2026 facie merit and cannot be dismissed as manifestly baseless. The trial would take time to conclude. The veracity of prosecution and complicity of the applicant in the alleged offence will be determined after evidence in the trial.

As informed, the applicant has responsibility of dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any 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 applicant. However, the observations, herein-above, are recorded for present application only.

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.

Accordingly, it is directed that applicant - Vijendra 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.50,000/- (Rupees Fifty 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






          NEUTRAL CITATION NO. 2026:MPHC-IND:9452




                                                                      4                                       MCRC-14753-2026
                                            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 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।

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.

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