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Madhya Pradesh High Court
Anil Yadav vs The State Of Madhya Pradesh on 5 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:4685
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 5 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5954 of 2026
ANIL YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajendra Singh Yadav - Advocate for the petitioner.
Shri Rohit Mishra - Additional Advocate General for the
respondent/State.
ORDER
This is second application filed by the applicant under Section 483 of
the B.N.S.S. for grant of bail. The applicant has been arrested in connection
with Crime No.64/2025 registered at Police Station -Pathari, District -
Vidisha (M.P.) for the offence under Sections 49-A of M.P. Excise Act.
2. As per the prosecution case, the allegation against the present
applicant is that 15 liters of country made illicit poisonous liquor was seized
from the joint possession of the present applicant and co-accused, which
was unfit for human consumption.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in this case. The applicant is in
custody since 27.01.2026. Earlier, his first bail application was allowed vide
order dated 26.05.2025 passed in M.Cr.C No.22545/2025 with the condition
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that " It is further clarified that after receipt of FSL report, if it is found that
the liquor seized from the possession of the applicant was unfit for human
consumption, then this order shall automatically lose its effect and the
applicant shall be under obligation to immediately surrender before the trial
court.". Now, the FSL report has been received and it is found positive,
therefore, the applicant filed this second bail application. The alleged liquor
has already been seized, therefore, this is no requirement of custodial
interrogation. The charges is triable by JMFC. The applicant is permanent
resident of District Vidisha (M.P.), therefore, there is no likelihood of his
absconding or tampering with the prosecution evidence. It is further
submitted that applicant is ready and willing to abide by all the terms and
conditions imposed by this Court. No further custodial interrogation is
required in the matter. Conclusion of the trial will take sufficiently long
time. Hence, prayed for grant of regular bail to the applicant.
4. Learned counsel for the State has vehemently opposed the prayer
and prayed for its rejection on the ground of criminal antecedents.
5. Heard learned counsel for the rival parties and perused the case
diary.
6. Considering the above submissions made by the counsel for the
parties and looking to the facts and circumstances of the case and the nature
of offence, but without expressing any opinion on merits of the case, this
application is allowed and it is directed that the applicant be released on bail
on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) along with one solvent surety in the like amount to the
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satisfaction of the Trial Court.
7. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him/her;
ii) The applicant will cooperate in the investigation /trial, as the case
may be;
iii) The applicant will not indulge himself/herself in extending
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him/her from disclosing such acts to the Court or to
the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat
the offence in future.
vi) The applicant will not seek unnecessary adjournments during the
trial; and
vii) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
viii) Looking to the facts and circumstances of the case, the applicant
is directed to mark his presence before the Police Station- Pathari District-
Vidisha (M.P.) on First Sunday of every month, till conclusion of trial,
failing which, the instant order of bail shall remain cancelled automatically
without further reference to this Court.
8. Application is allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for
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compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
