[Cites 2, Cited by 0]
Madhya Pradesh High Court
Smt Sumiti vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4859
1 MCRC-5675-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 6 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5675 of 2026
SMT SUMITI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Sundaram - Advocate for the applicant.
Shri Mohit Shivhare - Public Prosecutor for the State.
ORDER
This is the first application under Section 483 of the BNSS filed by the
applicant for grant of bail. He has been arrested on 25.01.2026 in connection
with Crime No.584 of 2026 registered at Police Station Excise, Circle Datia
(B), District Datia for offences punishable under Sections 34(1)(A), 49(A) of
Excise Act.
As per the prosecution case, on 25.01.2026, Sub-Inspector Aniruddha
Khanvalkar, posted at the Excise Office, Datia, received information from an
informant, pursuant to which he reached Fulra Kanjar Dera. There he found
Sumiti Kanjar (present applicant). Upon taking action, a search of her house
was conducted, during which approximately 45 liters of illicit country-made
liquor was recovered from a green plastic can of 50-liter capacity. The liquor
emitted a strong pungent odor and, based on experience, was found to be
unfit for human consumption. Thereafter, sampling proceedings were
NEUTRAL CITATION NO. 2026:MPHC-GWL:4859
2 MCRC-5675-2026
conducted at the spot, the accused was arrested, and a criminal case was
registered against her.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that the applicant has been in judicial custody since 25.01.2026. The alleged
offence is triable by the Judicial Magistrate First Class, and the conclusion of
the trial is likely to take a considerable time. The applicant is a permanent
resident of District Datia, and there is no likelihood of his absconding or
tampering with the prosecution evidence. In these circumstances, it is prayed
that the applicant be enlarged on bail.
On the other hand, learned counsel for the State vehemently opposed
the bail application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary.
Considering the overall facts and circumstances of the case and nature
of allegations, coupled with the fact that the trial is not likely to conclude in
near future and prolonged pre-trial detention being an anathema to the
concept of liberty, this Court is inclined to extend the benefit of bail to the
applicant. Accordingly, 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) with one solvent surety of the like amount to the satisfaction
of the trial Court/committal Court for her appearance on the dates given by
the concerned Court, subject to compliance of the following conditions by
the applicant:-
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1. The applicant will comply with all the terms and
conditions of the bond executed by her;
2. The applicant will cooperate in the
investigation/trial, as the case may be;
3. The applicant will not indulge 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 facts to the Court or to the Police Officer, as
the case may be;
4. The applicant shall not commit any other offence
during pendency of the trial, failing which this bail order
shall stand cancelled automatically, without further reference
to the Bench;
5. The applicant will not seek unnecessary
adjournments during the trial; and
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
7. It is further directed that in case, if it is found in the
FSL report that the seized liquor was unfit for human
consumption, then this order shall automatically stand
recalled and the applicant shall surrender before the
concerning trial Court immediately and in case, if she does
not surrender, then the trial Court shall be at liberty to take
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her into custody.
A copy of this order be sent to the concerned Court for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
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