[Cites 2, Cited by 0]
Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 3 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3523
1 MCRC-5296-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 3 rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5296 of 2026
DEEPAK AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Amish Sanghvi, Advocate for the applicants.
Shri Ayushyaman Choudhary, Govt. Advocate for the
respondent/State.
ORDER
1. This first application has been filed by applicants under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.18/2026, registered at Police Station-Raoti,
District-Ratlam(M.P.) for offence punishable under Section 34(2) of the
M.P. Excise Act. Applicants are in judicial custody since 08.01.2026.
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 applicants, in addition to the grounds
mentioned in the application, submits that the applicants are falsely
implicated in the alleged offence. The illicit liquor was not seized from the
active and conscious possession of the applicants. They have not committed
NEUTRAL CITATION NO. 2026:MPHC-IND:3523
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the alleged offence. The investigation is almost complete. Applicants have
clean past with family roots. There is no history of evading process of law.
There is no likelihood of tampering with evidence by the applicants. Jail
incarceration is causing hardship to the applicants. 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. However, after going through
the case diary, learned counsel fairly states that no criminal antecedents are
reported against the applicants. Applicant No.1 Deepak are aged around 18
years and applicant No.2 - Dharamraj is aged around 19 years. They are
labourers by profession.
6. According to the accusation on case diary, SI Prem Singh Hatila
of P.S. of the Police Station, Raoti, District Ratlam(M.P.) received secret
information regarding transportation of illicit liquor on a motorcycle bearing
registration No.MP43ZA2167, on 8.01.2026. Accused Deepak(applicant
No.1) and Dharamraj(applicant No.2), the rider and pillion rider of the
motorcycle were found with a plastic bag kept on the motorcycle. On search
of the bag, country made plain liquor, total quantity 60 bulk liters was
recovered and seized from joint possession of applicants/accused Deepak
and Dharamraj. They could not produce any license or permit for possession
of the liquor. The Police Station Raoti registered FIR for offence punishable
under Section 34(2) of MP Excise against the applicants. The contentions
advanced by the applicants have prima-facie merit and cannot be dismissed
NEUTRAL CITATION NO. 2026:MPHC-IND:3523
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as manifestly baseless. 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 applicants are still dependent on their family and
survives on occasional labour work. 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 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.
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 applicants No.1 - Deepak and No.2
Dharamraj 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
o f Rs.50,000/- (Rupees Fifty Thousand only)each with one surety each 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) Applicants 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 रहगे ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
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(2) आवेदक 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) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दगे, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicants 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 ं 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 आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे ।
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
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