[Cites 2, Cited by 0]
Madhya Pradesh High Court
Pardeep vs The State Of Madhya Pradesh on 15 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:10012
1 MCRC-13040-2026
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. 13040 of 2026
PARDEEP AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms Prachi Bansal - Advocate for the applicants.
Shri Tarun Pagare - Govt. Advocate for the respondent/State.
ORDER
This first bail application has been filed by applicants under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in
connection with Crime No. 16/2026 registered at Police Station-
Kharakuwan District- Ujjain, (M.P.) for an offence punishable under
Sections 49(A) of M.P. Excise Act. The applicants are in judicial custody
since 19.02.2026.
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 applicants, in addition to the grounds
mentioned in the application, submits that the applicants have falsely been
implicated in the matter. The final report has been filed. There is no
NEUTRAL CITATION NO. 2026:MPHC-IND:10012
2 MCRC-13040-2026
likelihood of tampering with evidence by the applicants for the reason that
they are labourers by profession and are not capable to influence the
prosecution witnesses. Jail incarceration is causing hardship to the
applicants and the dependent family. Applicants are ready to cooperate in the
further investigation/trial. The alleged offence is not heinous or brutal in
nature affecting society at large.
Per contra, learned counsel for the respondent/State opposes the bail
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 applicants. Learned counsel further submits that the applicant no.
1 - Pradeep is aged 21 years and he is an agriculturist by profession.
Applicant no.2 - Jite is aged 19 years and is a labourer by profession.
As per accusation on case diary, S.I. - Liban Kujur of the Police Station
Kharakuwan intercepted Pradeep and Jite (applicants) near Budhwariya
School to verify the secret information on 18.02.2026. Two white plastic
canes were recovered from the applicants. On search of the plastic
canes, country made raw liquor - total quantity 10 liters [05-05 liters in each
cane] suspected to be unfit for human consumption was recovered and
seized. The illicit liquor was seized in compliance with due procedure. The
samples were drawn and sent for chemical analysis. As per FSL report, the
seized sample A-1 contains 11.41% of ethyl alcohol and sample B-
1 contains 11.49% of ethyl alcohol alongwith traces of furfural and
ammonium chloride with sediments. However, exact percentage of
NEUTRAL CITATION NO. 2026:MPHC-IND:10012
3 MCRC-13040-2026
Ammonium Chloride and furfural is not reflected in the FSL report. There is
no opinion that the liquor was poisonous or life threatening. The veracity of
prosecution will be determined after evidence in the trial.
As informed, the applicants have responsibility of their dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedents, considering the socio-
economic status of the applicants, there appears to be no likelihood of
recidivism or 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 young applicants.
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 applicants on bail. Thus, the application is
allowed.
Accordingly, it is directed that applicant - Pradeep and Jite shall be
released on bail in connection with the 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)each 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 asunder):-
NEUTRAL CITATION NO. 2026:MPHC-IND:10012
4 MCRC-13040-2026
(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 ।
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
sh
