[Cites 2, Cited by 0]
Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 10 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9722
1 MCRC-15889-2026
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. 15889 of 2026
ASHOK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shubham Dholpure, advocate for applicant.
Shri Viraj Godha public prosecutor for 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.55/2026
registered at Police Station - Biora, District - Rajgarh (M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 17/01/2026.
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. No offence, as alleged, is committed by the applicant.
The final report has been submitted on completion of investigation. Co-
accused Saleem has been extended benefit of bail vide order dated
17.3.2026 passed in MCRC No. 9292/2026. There is no likelihood of
NEUTRAL CITATION NO. 2026:MPHC-IND:9722
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tampering with evidence by the applicant. Jail incarceration is causing
hardship to the applicant and his dependent family. Applicant 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 states that no criminal antecedent is reported against
the applicant. Applicant is aged around 28 years. He is an agriculturist by
profession.
6. As per accusation on case diary, Roopram Vanshkar, Head
Constable of the Police Station Biaora along with police force intercepted
the motorcycle of applicant on 17.1.2026 near Naveen Dashhara Maidan to
verify secret information. During search, country made raw liquor - total
quantity 80 bulk litres was recovered and seized from the joint possession of
applicant Ashok and co-accused Salim. They were found transporting the
illicit liquor without valid permit. The P.S. - Biaora registered FIR for
offence punishable under Section 34(2) of M.P. Excise Act. Applicant-
Ashok was apprehended on 17/01/2026. He is in custody ever since. The
final report has been submitted on completion of investigation. 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 family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal antecedent, considering the socio-economic status of
the applicant, there appears to be no likelihood of recidivism or tampering
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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-Ashok 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 ।
(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
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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
BDJ
