[Cites 3, Cited by 0]
Madhya Pradesh High Court
Ramniwas vs The State Of Madhya Pradesh on 15 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:10014
1 MCRC-14869-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 15th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14869 of 2026
RAMNIWAS AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah advocate for the applicants.
Shri Bhaskar Agrawal public prosecutor for State.
ORDER
1. This first application has been filed by the applicants under
Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.
455 of 2025 registered at Police Station - Kalapipal, District Shajapur
(M.P.) for offence punishable under Section 34(2) of M.P. Excise Act, 1915.
Applicants are in judicial custody since 26.3.2026.
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 applicants, in addition to the grounds
mentioned in the application, submits that the applicants are falsely
implicated in the alleged offence merely on suspicion. The open place
(toilet), wherefrom, the illicit liquor was recovered does not belong to the
applicants. The illicit liquor was not seized from the active, conscious, direct
NEUTRAL CITATION NO. 2026:MPHC-IND:10014
2 MCRC-14869-2026
and immediate possession of the applicants. Learned counsel submits that the
applicants duly complied with the notice under Section 35 (1) of the BNSS
and cooperated in the investigation. No offence, as alleged, is committed by
the applicants. The final report has been submitted on completion of
investigation. There is no likelihood of tampering with evidence by the
applicants. Jail incarceration is causing hardship to the applicants and their
dependent family. Applicants are ready to cooperate in 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. Learned counsel refers to 01
criminal antecedents against the applicants. Applicant Ramniwas is aged
around 28 years, applicant Karan is aged around 24 years. They are labourer
by profession.
6. In reply, learned counsel for the applicants submits that other
matters are pending for trial. The applicants have never been convicted for
any major offence.
7. According to the accusation on case diary, A.S.I. Amit Kumar
Nagar of Police Station - Kalapipal conducted a raid on 1.10.2025 at the
toilet of Government Primary School Subhanagar to verify the secret
information. On search, total quantity 450 bulk liters of country made plain
liquor was found from the toilet. The Police Station - Kalapipal registered
FIR for offence punishable under Section 34(2) of MP Excise Act against the
applicants. On 26.3.2026, the trial Court rejected the application for grant of
bail. The applicants are in custody since 26.3.2026. They are in custody ever
NEUTRAL CITATION NO. 2026:MPHC-IND:10014
3 MCRC-14869-2026
since. The fact remains that the illicit liquor was not recovered and seized
from direct and immediate possession of applicants. The final report has
been submitted on completion of investigation. The contentions advanced by
the applicants have prima-facie merit and cannot be dismissed as manifestly
baseless. The trial would take time to conclude. The veracity of prosecution
and complicity of the applicants will be determined after evidence in the
trial.
8. As informed, the applicants have family responsibilities.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any substantial criminal past and previous conviction
for any offence, there appears to be no likelihood of tampering with
evidence or influencing the witnesses by the applicants. The offence is triable
by JMFC. There appears to be no compelling reason to continue
incarceration of the applicants. However, the observations, herein-above, are
recorded for present application only.
9. 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 applicants on bail. Thus, the application is
allowed.
10. Accordingly, it is directed that applicants-Ramniwas and
Karan 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) each 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
NEUTRAL CITATION NO. 2026:MPHC-IND:10014
4 MCRC-14869-2026
surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicants 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 रहगे ।
(2) Applicants 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 ं ह गे ।
(3) Applicants 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
।
(4) Applicants 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 ं करगे ।
(5) During trial, the applicants 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 ।
11. 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.
12. 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.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
