[Cites 2, Cited by 0]
Madhya Pradesh High Court
Ritik vs The State Of Madhya Pradesh on 9 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4079
1 MCRC-4973-2026
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. 4973 of 2026
RITIK AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Choudhary - Advocate for the applicants.
Shri Surendra Gupta GA for the State.
ORDER
1. This first application has been filed by applicants under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 27/2026, registered at Police Station-Neelganga,
District-Ujjain (M.P.) for offence punishable under Section 34(2) of the M.P.
Excise Act. Applicants are in judicial custody since 21/01/2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicants, in addition to the grounds
mentioned in the application, submits that the applicants are falsely
implicated in the alleged offence. The illicit liquor was not seized from the
active and conscious possession of the applicants. They have not committed
the alleged offence. The investigation is almost complete. Further custodial
NEUTRAL CITATION NO. 2026:MPHC-IND:4079
2 MCRC-4973-2026
interrogation of the applicants is not needed in the matter. There is no
likelihood of tampering with evidence by the applicants. Jail incarceration is
causing hardship to the applicants. Applicants are ready to cooperate in
further investigation and 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. However, after going through
the case diary, learned counsel fairly states that one criminal antecedents is
reported against applicant Himanshu. Applicant Ritik is aged around 21
years and applicant Himanshu is aged around 19 years. They are flower
vendors by profession.
6. In reply, learned counsel for the applicants submits that other
matter related to applicant Himanshu is pending for trial. He has never been
convicted.
7. According to the accusation on case diary, Head Constable
Bhawarlal Yadav of the Police Station, Neelganga, District Ujjain (M.P.)
intercepted Ritik and Himanshu, who were traveling on one Yamaha R-1
motorcycle on 21/01/2026 to verify secret information. On search of the
cloth bag hung on the motorcycle, country-made plan liquor, total quantity
63 bulk liters was recovered from their joint possession. They could not
produce any license or permit for possession of the liquor. Accordingly, the
alleged liquor and the motorcycle were seized from joint possession of
applicants and they were arrested on the spot. The Police Station Neelganga
registered FIR for offence punishable under Section 34(2) of MP Excise
NEUTRAL CITATION NO. 2026:MPHC-IND:4079
3 MCRC-4973-2026
against the applicants. The trial would take time to conclude. The veracity of
prosecution and complicity of the applicants will be determined after
evidence in the trial.
8. As informed, the applicants are still dependent on their family and
survives on occasional labour work. Considering these aspects, there appears
to be no possibility of fleeing from justice. In absence of any criminal
antecedent against applicant Ritik and previous conviction for any offence
against applicant Himanshu, considering the socio-economic status of the
applicants, there appears to be no likelihood of tampering with evidence or
influencing the witnesses by the applicants. The offence is triable by JMFC.
There appears to be no compelling reason to continue incarceration of the
applicants. 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 applicants Ritik and
Himanshu 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 50 ,000/- (Rupees Fifty Thousand only) each 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) Applicants shall remain present on every date of hearing as may be directed by the
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4 MCRC-4973-2026
concerned court;
(1) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहगे ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गे ।
(3) Applicants 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) आवेदकगण 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 ह
।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवेदकगण 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 ं करगे ।
(5) During trial, the applicants 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 आवेदकगण धारा ३०९ दं . .सं. / ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे
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 of 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 had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
