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Madhya Pradesh High Court
Pawan Alias Pappu vs The State Of Madhya Pradesh on 10 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4226
1 MCRC-5051-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5051 of 2026
PAWAN ALIAS PAPPU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Navendu Joshi advocate for applicant.
Shri Sunit Kapoor public prosecutor for State.
ORDER
1. This first application has been filed by applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 415/2021 registered at Police Station- Manak
Chowk District Ratlam(M.P.) for offence punishable under Section 49-A of
the M.P. Excise Act. Applicant is in judicial custody since 27.10.2025.
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 applicant, in addition to the grounds
mentioned in the application, submits that the applicant has been falsely
implicated in this matter, merely on basis of information given by co-accused
in police custody. He has not committed the alleged offence. The illicit
liquor was not recovered from active and conscious possession of the
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applicant. The final report has been submitted on completion of
investigation. The FSL report is not received. There is no likelihood of
tampering with evidence by the applicant. Jail incarceration is causing
hardship to the applicant. Applicant is ready to cooperate in the trial.
5. Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence. Learned counsel for
the applicant refers to 20 criminal antecedents against the applicant.
The applicant is aged 36 years. He is a shopkeeper by profession.
6. In reply, learned counsel for the applicant submits that the applicant
was acquitted in relation to crime Nos. 232/2002, 171/2011, 285/2013,
190/2014, 39/2016, 499/2016, 25/2017, 194/2018, 323/2018, 284/2020,
296/2020, 336/2020, 352/2021; the applicant has been sentenced to
imprisonment of TRC and fine in relation to crime Nos. 182/2012, 556/2016,
17/2017 for offence punishable under Section 4-A of Public Gambling Act,
other matters are pending for trial. He has never been convicted for any
major offence.
7. According to the material available on case diary, Head Constable of
Police Station - Manak Chowk alongwith police force intercepted Navneet @
Piyush Chouhan standing at Triveni Road to verify secret information on
09.09.2021. A plastic cane containing illicit country made raw liquor - total
quantity 05 bulk litres was recovered and seized from the possession of the
applicant. The liquor was suspected to be unfit for human consumption.
Navneet was arrested on the spot. He informed that he has procured the illicit
liquor from Pawan @ Pappu (applicant). The applicant was given notice
under Section 41A of Cr.P.C. The applicant was arrested on 27.10.2025. He
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is in custody ever since. The chemical analysis report is still awaited. The
contentions advanced by the applicant have prima facie merit and cannot be
dismissed as manifestly baseless. Co-accused Navneet has been extended
benefit of bail vide order dated 14.11.2025 passed in MCRC No.
50772/2025. The veracity of prosecution and complicity of the applicant in
the alleged offence will be determined after evidence in the trial.
8. As informed, the applicant has the responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of previous conviction for any major 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.
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, but with certain stringent
conditions, in view of criminal antecedents of the applicant. Thus, the
application is allowed.
10. Accordingly, it is directed that applicant - Pawan @ Pappu 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
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:(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) आवेदक 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 गl ।
(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 आवेदकगण धारा ३०९ दं. .सं. / ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे।
(6) If FSL report reveals any poisonous substance in the liquor, this bail order shall stand cancelled
without further reference to this Court and the applicant shall surrender forthwith.
(7) The applicant shall mark his presence before the SHO, P.S. Manakchowk, District Ratlam(M.P.)
on every Saturday of the month till conclusion of trial. A copy of this order be forwarded to the
concerned SHO for compliance with the case diary.
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
BDJ
