[Cites 2, Cited by 0]
Madhya Pradesh High Court
Ajay Kushwah vs The State Of Madhya Pradesh on 12 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4524
1 MCRC-6501-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6501 of 2026
AJAY KUSHWAH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Raj Kumar Swarnkar, Advocate for the applicant.
Shri Gajendra Singh Dodia, 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.02/2026
registered at Police Station - Narsinghgarh, District Rajgarh(M.P.) for
offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant
is in judicial custody since 02.01.2026.
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. No offence, as alleged, is
committed by the applicant. The final report has been submitted on
completion of investigation. There is no likelihood of tampering with
NEUTRAL CITATION NO. 2026:MPHC-IND:4524
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evidence by the applicant. Jail incarceration is causing hardship to the
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 09
criminal antecedents against the applicant, as mentioned in the case diary.
Applicant is aged around 26 years. He is a labourer by profession.
In reply, learned counsel for the applicant submits that applicant
was acquitted in realation to Crime Nos.40/2018, 303/2018, 706/2018,
378/2019 and 470/2022. In Crime Nos.111/2021, 815/2022, 37/2023 and
343/2023 applicant was extended benefit of bail and trial is pending. The
applicant has never been convicted for any offence.
According to the accusation on case diary, the police team of P.S.
Narsinghgarh on the basis of secret information intercepted a motorcycle.
Three persons were found carrying two plastic cans tied with the motorcycle.
They disclosed their name as Rajendra Dangi, Ajay Kushwah @
Ajju(applicant) and Golu. On search, the country made raw liquor - Total
quantity 76 bulk litres was recovered and seized from the joint possession of
the applicant and other co-accused persons. The P.S. - Narsinghgarh
registered FIR for offence punishable under Section 34(2) of M.P. Excise
Act. Applicant was apprehended on 02.01.2026. 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 family responsibility. Considering
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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 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-Ajay Kushwah 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;
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(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
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