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Madhya Pradesh High Court
Deepsingh vs The State Of Madhya Pradesh on 12 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4480
1 MCRC-5619-2026
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. 5619 of 2026
DEEPSINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah - 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. 465/2026
registered at Police Station - Excise Circle 'C', District Ratlam(M.P.) for
offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant
is in judicial custody since 22.01.2026.
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 gumthi wherefrom, the illicit
liquor was recovered does not belong to him. The illicit liquor was not seized
from the active, conscious, direct and immediate possession of the applicant.
NEUTRAL CITATION NO. 2026:MPHC-IND:4480
2 MCRC-5619-2026
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 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. However, after going through the
case diary, he fairly states that no criminal antecedent, similar in nature, is
reported against the applicant. Applicant is aged around 26 years. He is a
labourer by profession.
According to the accusation on case diary, Excise Inspector
Pushpraj Singh Chouhan of P.S. Excise Circle, Distt. Ratlam conducted a
raid at a gumthi situated in front of Lions' Hall(Revenue/Journalist) Colony
on 22.01.2026 to verify secret information and intercepted Deepsingh in a
suspicious condition. On search of gumthi, the illicit country made foreign
liquor and country made plain liquor - Total 85.49 bulk litres was recovered
from the gumthi. The illicit liquor was seized in due compliance with the
procedure. The P.S. - Excise Circle registered FIR for offence punishable
under Section 34(2) of M.P. Excise Act against suspect Deep Singh.
Applicant was apprehended on the spot. 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 conclude. The
veracity of prosecution and complicity of the applicant will be determined
after evidence in the trial.
NEUTRAL CITATION NO. 2026:MPHC-IND:4480
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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 antecedent, 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- Deepsingh 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
NEUTRAL CITATION NO. 2026:MPHC-IND:4480
4 MCRC-5619-2026
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
