[Cites 2, Cited by 0]
Madhya Pradesh High Court
Vikas @ Vikky vs The State Of Madhya Pradesh on 11 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4381
1 MCRC-3826-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 3826 of 2026
VIKAS @ VIKKY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Subodh Choudhary - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for the respondent/State.
ORDER
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. 13/2026 registered at Police Station- Birlagram
District Ujjain(M.P.) for offence punishable under Section 49A of the M.P.
Excise Act. Applicant is in judicial custody since 13.01.2026.
Heard on I.A. No. 2138/2026, an application for taking additional
documents on record.
For the reasons stated in the application, the same is allowed and closed.
Further heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary
and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
NEUTRAL CITATION NO. 2026:MPHC-IND:4381
2 MCRC-3826-2026
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence merely on suspicion. He has not committed the alleged
offence. The illicit liquor was not recovered from active and conscious
possession of the applicant. Investigation Officer is not an expert to
determine that the liquor was unfit for human consumption. The final report
has been filed on completion of investigation. The FSL report is awaited.
There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the young applicant and dependent
family. 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 10
criminal antecedents reported against the applicant. Applicant is aged 25
years. He is a driver by profession.
In reply, learned counsel for the applicant submits that applicant was
acquitted in two matters at Crime No. 168/2016 & 546/2023. The matters at
Crime No. 109/2017, 489/2018, 54/2020, 497/2020, 585/2020, 168/2024,
291/2024 and 47/2025 are pending for trial. Applicant has never been
convicted for any offence.
According to the accusation on the case diary, Constable Sandeep
Yadav and Constable Natwar of the Police Station - Birlagram intercepted
applicant Vikas alias Vikky near bushes in BCI Forest to verify the secret
information on 13.01.2026. A plastic cane was recovered from the applicant.
On search of the cane, country-made raw liquor total quantity - 09 bulk litres
NEUTRAL CITATION NO. 2026:MPHC-IND:4381
3 MCRC-3826-2026
was seized and recovered from the possession of the applicant. The liquor
was suspected to be unfit for human consumption. The applicant could not
produce any valid permit / licence. He was apprehended on the spot. The
chemical analysis report is awaited. The veracity of prosecution will be
determined after evidence in the trial.
As informed, the applicant is aged 25 years. He is a Driver by profession
and has family responsibility. Considering these aspects, there appears to be
no possibility of fleeing from justice. In absence of 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 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, but with certain stringent
conditions in view of criminal antecedents. Thus, the application is allowed.
Accordingly, it is directed that applicant - Vikas alias Vikky 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
NEUTRAL CITATION NO. 2026:MPHC-IND:4381
4 MCRC-3826-2026
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 ) 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.-Birlagram, District
Ujjain(M.P.) on first Saturday of every month till conclusion of trial. A copy of this order
be forwarded to the concerned SHO for compliance with the case diary.
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
