[Cites 2, Cited by 0]
Madhya Pradesh High Court
Vishal vs The State Of Madhya Pradesh on 11 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4320
1 MCRC-5523-2026
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. 5523 of 2026
VISHAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Vedika Arora, Advocate for the applicant.
Shri Surendra Gupta, 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.09/2026
registered at Police Station - Narwar, District Ujjain(M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 25.01.2026.
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 illicit liquor was not seized
from the active and conscious possession of the applicant. He has not
committed the alleged offence. The final report has been submitted on
NEUTRAL CITATION NO. 2026:MPHC-IND:4320
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completion of investigation. Applicant has clean past, with family roots,
property and employment. There is no history of evading process of law.
There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the applicant and his dependent family.
Applicant is ready to cooperate in further trial.
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, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged 38 years and he is a businessman.
According to the accusation on case diary, A.S.I. Rohit Kumar of
P.S. Narwar intercepted a Honda Aviator vehicle, without any registration
number plate, driven by co-accused Ravi with the pillion rider
Vishal(applicant) on 25.01.2026. The country made plain liquor - total
quantity 55 bulk litres was recovered from the said vehicle. The illicit liquor
was seized in due compliance with the procedure from joint possession of
applicant Vishal and co-accused Ravi. The P.S. - Narwar registered FIR for
offence punishable under Section 34(2) of M.P. Excise Act against the
accused. Applicant was apprehended on 25.01.2026. He is in custody ever
since. The trial would take time to conclude. The veracity of prosecution and
complicity of the applicant will be determined after evidence in the trial.
As informed, the applicant has responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal past, considering the socio-economic
status of the applicant, there appears to be no likelihood of recidivism or
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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-Vishal 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;
(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
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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
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