[Cites 3, Cited by 0]
Madhya Pradesh High Court
Kamal vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3286
1 MCRC-4544-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4544 of 2026
KAMAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akhilesh Kumar Saxena- Advocate for the applicant.
Shri Sunit Kapoor GA for the State.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 268 of 2025 registered at Police Station-
Nalkheda, District Agar (M.P.) for offence punishable under Section 34(2),
42 of the M.P. Excise Act. Applicant is in judicial custody since 02/01/2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary 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 merely on the basis of information given by co-
accused Nagendra Singh in police custody, which is not admissible in
evidence. No offence, as alleged, is committed by the applicant. No
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incriminating material, much less, the illicit liquor was recovered and seized
from active and conscious possession of the applicant. 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 the dependent family. Co-accused Rahul has
been granted bail vide order dated 02/12/2025, passed in M.Cr.C.
No.55291/2025. Applicant is ready to cooperate in further trial.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers to
five criminal antecedents against the applicant as mentioned in the case
diary. Applicant is aged around 42 years and is agriculturist by profession.
6. In reply, learned counsel for the applicant submits that the
applicant has been sentenced to imprisonment of TRC and fine in two
matters relating to the year 2015 for the offence punishable under section
34(2) of M.P. Excise Act. Other two matters are pending for trial. He has
been implicated on the same day in other offence under section 34(2) of the
M.P. Excise Act.
7. According to the material available on case diary, Head Constable
Shambhu Singh Jat of P.S. Nalkheda along with police force intercepted
Scorpio vehicle bearing registration no. GJ-01-RJ-204829.10.2025 to verify
secret information on 29.10.2025. The driver of the vehicle escaped taking
benefit of darkness. On search of the vehicle, country-made plain liquor 252
bulk liters and 60 bulk liters of beer, total quantity 312 bulk liters liquor was
recovered and seized. The person, who fled away from the spot leaving the
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vehicle, was identified by the secret informer as Nagu @ Nagendra. The
police station - Nalkheda registered FIR for offnece punishable under section
34(2) of the M.P. Excise Act against Nagu @ Nagendra Singh, During
investigation, Nagu @ Nagendra Singh informed on 16/12/2025 that Kamal
(applicant) and Gopal had provided the illicit liquor to him. Accordingly,
Kamal (applicant) was apprehended on 02/01/2026.. He is in custody ever
since. There is no communication details reflected by the Call Detail Report
or the money trail showing complicity of the applicant in the alleged
offence. The fact remains that no incriminating material was recovered and
seized at the instance of the applicant, in furtherance of the information. The
trial would take time to conclude. Co-accused Rahul has already been
granted bail. The contentions advanced by the applicant have prima-facie
merit and cannot be dismissed as manifestly baseless. The veracity of
prosecution and complicity of applicant in the alleged offence will be
determined after evidence in the trial.
8. As informed, the applicant has responsibility of aged parents.
Considering these aspects, there appears to be no possibility of fleeing from
justice. Considering the socio-economic status of the applicant, there appears
to be no likelihood of 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.
9. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
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this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant- Kamal 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 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 भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
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/she had
explained the conditions to the concerned accused or the surety.
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C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
