[Cites 3, Cited by 0]
Madhya Pradesh High Court
Tejpal @ Sachin vs The State Of Madhya Pradesh on 9 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4093
1 MCRC-5625-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5625 of 2026
TEJPAL @ SACHIN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah - Advocate for the applicant.
Shri Ayushyaman Choudhary - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No.504/2025,
registered at Police Station -Namli District Ratlam (M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 24.01.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the
relevant material on record.
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 basis of statement of co-accused Ganesh and
the registered owner of the vehicle. The illicit liquor was not seized from the
immediate and conscious possession of the applicant. He was not present on
the spot of the seizure. No offence, as alleged, is committed by the applicant.
NEUTRAL CITATION NO. 2026:MPHC-IND:4093
2 MCRC-5625-2026
The final report has been submitted on completion of investigation. There is
no likelihood of tampering with evidence by the applicant. Jail incarceration
is causing hardship to the applicant and his family members. Applicant is
ready to cooperate in the trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to one criminal
antecedent under the IPC against the applicant. Applicant is aged around 28
years and is a labourer by profession.
In reply, learned counsel for the applicant submits that other matter at
Crime No. 22/2023 is pending for trial. The applicant has never been
convicted. No prosecution, similar in nature, is pending against the applicant.
According to the material available on case diary, ASI Jugalkishore
Rawat of the Police Station Namli intercepted a Scorpio Vehicle bearing
registration no. MP 43 CB 1123 on 27.11.2025 to verify secret information.
On search of Scorpio vehicle, country made raw, masala and plain liquor
and foreign liquor - total quantity 187.92 bulk liters was recovered. The
driver Ganesh Chouhan could not produce any permit for transportation of
liquor. Therefore the vehicle and the illicit liquor was seized in due
compliance with the procedure. The Police Station Namli registered FIR for
offence punishable under Section 34(2) of M.P. Excise Act against- Ganesh
Chouhan. He informed that Tejpal alias Sachin has provided him vehicle
and illicit liquor. The vehicle was found to be registered in the name of
Virendra Singh. Virendra Singh informed that in fact, Tejpal Singh alias
Sachin is the owner of vehicle and he has got the vehicle registered in the
NEUTRAL CITATION NO. 2026:MPHC-IND:4093
3 MCRC-5625-2026
name of Virendra Singh. Accordingly, Tejpal Singh alias Sachin was
arrested on 24.01.2026. He is in custody ever since. The final report was
submitted on completion of investigation. The trial would take time to
conclude. The contentions advanced by the applicant have prima facie merit
and cannot be dismissed as manifestly baseless. The fact remains that the
illicit liquor was not seized from the direct and immediate possession of the
applicant. The veracity of prosecution and complicity of the applicant will be
determined after evidence in the trial.
As informed, the applicant has the family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any 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.
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.
Accordingly, it is directed that applicant- Tejpal alias Sachin 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. 50,000/-
(Rupees Fifty Thousand only) with one surety of the same amount to the
satisfaction of the Trial Court, for compliance with the following conditions
NEUTRAL CITATION NO. 2026:MPHC-IND:4093
4 MCRC-5625-2026
: (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, 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
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.
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
sh
