Nagusingh @ Nagendra vs The State Of Madhya Pradesh on 4 February, 2026

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

         NEUTRAL CITATION NO. 2026:MPHC-IND:3627




                                                                1                             MCRC-4740-2026
                                IN    THE      HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                  ON THE 4 th OF FEBRUARY, 2026
                                              MISC. CRIMINAL CASE No. 4740 of 2026
                                                   NAGUSINGH @ NAGENDRA
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                 Shri Anas Makrani, Advocate for the applicant.
                                 Shri Sunit Kapoor, Govt. Advocate for the respondent/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.12/2026 registered at Police Station - Excise Circle, Agar, District Agar-Malwa(M.P.) for offence punishable under Sections 34(2) and 34(1)(a) of M.P. Excise Act, 1915. Applicant is in judicial custody since 16.01.2026.

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 merely on the information given by co-accused in police custody, which is not admissible in evidence. The illicit liquor was not seized from the active, conscious, direct and immediate possession of the applicant. He has not committed the alleged offence. The investigation is almost complete. Further custodial interrogation of the applicant is not needed in the matter. There is no likelihood of

NEUTRAL CITATION NO. 2026:MPHC-IND:3627

2 MCRC-4740-2026 tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and his dependent family. Co-accused Ishwer has been extended benefit of bail vide order dated 09.06.2025, passed in M.Cr.C. No.24490/2025. Applicant is ready to cooperate in further investigation/trial.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers to 05 criminal antecedents against the applicant registered vide Crime Nos.509/2024, 255/2022, 642/2021, 09/2025 and 268/2025, as mentioned in the case diary. Applicant is aged around 29 years. He is a labouer by profession.

6. In reply, learned counsel for the applicant submits that in Crime Nos.255/2022 and 09/2025 for offence punishable under Sections 34 and 34(2) of M.P. Excise, the applicant has been sentenced to imprisonment of TRC and fine.

The other three matters are pending for trial. The applicant has never been convicted.

7. According to the accusation on case diary, the police force of P.S. Agar intercepted accused Ishwer to verify the secret information, on 14.05.2025. Ishwer was possessing the illicit liquor 30.96 bulk litres of country made plain liquor and 27 bulk litres of country made foreign liquor(Beer). Total illicit liquor - quantity 57.96 bulk litres liquor was recovered from Ishwer. Ishwer informed that applicant

- Nagusingh @ Nagendra has provided him the illicit liquor. Accordingly, the applicant was arrested on 16.01.2026. He is in custody ever since. The supplementary final report against the applicant has been filed. That fact remains that the illicit liquor was not recovered and seized from direct and immediate possession of applicant. The contentions advanced by the applicant have prima- facie merit and cannot be dismissed as manifestly baseless. The trial would take time to conclude. Co-accused Ishwer has been extended benefit of bail. The

NEUTRAL CITATION NO. 2026:MPHC-IND:3627

3 MCRC-4740-2026

veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

8. As informed, the applicant has family responsibility. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of substantial criminal past and previous conviction for any offence, 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, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

10. Accordingly, it is directed that applicant-Nagusingh @ Nagendra 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






          NEUTRAL CITATION NO. 2026:MPHC-IND:3627




                                                                          4                                       MCRC-4740-2026

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.

C.C. as per rules.

(SANJEEV S KALGAONKAR) JUDGE