[Cites 2, Cited by 0]
Madhya Pradesh High Court
Kamal vs The State Of Madhya Pradesh on 4 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3586
1 MCRC-4539-2026
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. 4539 of 2026
KAMAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shubham Dholpure, 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.275/2025 registered
at Police Station - Nalkheda, District Agar Malwa(M.P.) for offence punishable
under Section 34(2) of M.P. Excise Act, 1915. 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 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 suspicion. The cow-shed(Gaushala) wherefrom, the illicit
liquor was recovered does not belong to him. 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 final report has been submitted on completion
of investigation. There is no likelihood of tampering with evidence by the
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applicant. Jail incarceration is causing hardship to the applicant and his dependent
family. Applicant is 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 05 criminal
antecedents against the applicant registered vide Crime Nos.126/2015, 171/2015,
27/2025, 69/2025 and 268/2025, as mentioned in the case diary. Applicant is aged
around 42 years. He is an agriculturist by profession.
6. In reply, learned counsel for the applicant submits that Crime
Nos.126/2015 and 171/2015 stand disposed off. The other matters are pending for
trial. The applicant has never been convicted for any offence.
7. According to the accusation on case diary, Head Constable Lalit
Saraswat of P.S. Nalkheda, District Agar-Malwa(M.P.) conducted a raid at a
Gaushala near village Damdam to very secret information on 09.11.2025. The
lock of one of the room of the Gaushala was broken. The country made plain
liquor and country made foreign liquor(Beer) Total 564 bulk litres were recovered
from the room. The P.S. - Nalkheda registered FIR for offence punishable under
Section 34(2) of M.P. Excise Act against unknown offenders. During
investigation, on the basis of tower location and Call Details Report, locations of
Kamal Jaiswal(applicant) and Gopal were found near the Gaushala. They were
apprehended on 02.01.2026. They are in custody ever since. Their statements
were recorded. The final report was submitted on completion of investigation. The
fact remains that the illicit liquor was not recovered and seized from direct and
active 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. The veracity of prosecution and complicity of the
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applicant will be determined after evidence in the trial.
8. As informed, the applicant has the 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
recidivism or 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.
1 0 . 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.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 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,
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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
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