[Cites 2, Cited by 0]
Madhya Pradesh High Court
Abhishek vs The State Of Madhya Pradesh on 11 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4419
1 MCRC-6718-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6718 of 2026
ABHISHEK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Karan Sonkar - 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. 11/2026
registered at Police Station - Narsingarh, District Rajgarh(M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 28.01.2026.
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 suspicion. The house, wherefrom, the illicit
liquor was recovered does not belong to him. The illicit liquor was not seized
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from the active, conscious, direct and immediate possession of the applicant.
He has not committed the alleged offence. Investigation is almost complete.
Further custodial interrogation of the applicant is not needed in the
matter. There is no likelihood of tampering with evidence by the applicant.
Jail incarceration is causing hardship to the young applicant and his
dependent family. Applicant is ready to cooperate in further
investigation/trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel refers to 01
criminal antecedent against the applicant, as mentioned in the case diary.
Applicant is aged around 23 years. He is a labourer by profession.
In reply, learned counsel for the applicant submits that in Crime No.
755/2022, applicant is sentenced to TRC and fine. The applicant has never
been convicted for any offence.
According to the accusation on case diary, police team of P.S.
Narsingarh conducted a raid at kanjar dera in Village Berasia
03.01.2026. The country made foreign liquor - Total 86.760 bulk litres was
recovered near the house of Abhishek(applicant), who fled away from the
spot on seeing the police. The illicit liquor was seized in due compliance
with the procedure. The P.S. - Narsingarh registered FIR for offence
punishable under Section 34(2) of M.P. Excise Act against suspect
Abhishek. Applicant was apprehended on 28.01.2026. He is in custody ever
since. The fact remains that the illicit liquor was not recovered and seized
from direct and active possession of applicant. The trial would take time to
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conclude. The veracity of prosecution and complicity of the applicant will be
determined after evidence in the trial.
As informed, the applicant is still dependent on family and survives
on ocassional labour work. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of substantial criminal past and
previous conviction for any offence, considering the socio-economic status
of the applicant, there appears to be no likelihood of recidivism or 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 young 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- Abhishek 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.25,000/- (Rupees
Twenty Five Thousand only) 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) 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;
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(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
