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Madhya Pradesh High Court
Pushpendra Singh vs The State Of Madhya Pradesh on 10 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9742
1 MCRC-16405-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10th OF APRIL, 2026
MISC. CRIMINAL CASE No. 16405 of 2026
PUSHPENDRA SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ravi Sagre - 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.38/2026,
registered at Police Station - Kalukheda District - Ratlam (M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 14/03/2026.
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. The illicit liquor was not seized from the active and
conscious possession of the applicant. He has not committed the alleged
offence. The investigation is almost complete. Further custodial interrogation
NEUTRAL CITATION NO. 2026:MPHC-IND:9742
2 MCRC-16405-2026
of the applicant is not needed in the matter. Applicant has clean past, with
family roots and property. There is no history of evading process of
law There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the applicant. Applicant is ready to
cooperate in further investigation and the trial. The alleged offence is not
heinous or brutal in nature affecting society at large.
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 30 years and is an agriculturist by
profession.
6 . As per the accusation on case dairy, on 14/03/2026, the police
force of Police Station - Kalukheda District - Ratlam intercepted a car
bearing registration no. MP-13 CE--1365 to verify the secret information.
Applicant Pushpendra Singh was found driving the car. Co-accused Indrapal
Singh fled away from the spot. On search of the vehicle, country made plain
liquor- total quantity 86.400 bulk litres was recovered from the dicky of the
car. The illicit liquor and the car were seized from the joint possession of
applicant and co-accused Indrapal Singh. The Police Station - Kalukheda
District - Ratlam registered FIR for offence punishable under section 34(2)
of the M.P. Excise Act against the applicant and co-accused Indrapal Singh
The applicant was arrested on the spot. He is in custody ever since. The
investigation is pending in relation to co-accused Indrapal Singh. The
veracity of prosecution and complicity of the applicant will be determined
NEUTRAL CITATION NO. 2026:MPHC-IND:9742
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after evidence in the trial.
7. As informed, the applicant has family responsibilities. 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.
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-Pushpendra Singh 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 separate 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) आवेदकगण 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) आवेदकगण 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) 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 ।
NEUTRAL CITATION NO. 2026:MPHC-IND:9742
4 MCRC-16405-2026
(4) Applicant 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 ं 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 आवेदकगण 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 had explained
the conditions to the concerned accused or the surety.
C c as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
