[Cites 2, Cited by 0]
Madhya Pradesh High Court
Lakhansingh vs The State Of Madhya Pradesh on 13 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4617
1 MCRC-6165-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 13 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6165 of 2026
LAKHANSINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijendra Pawar - Advocate for the applicants.
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. 04/2026 registered at Police Station- Biaora Dehat, District-
Rajgarh (M.P.) for offence punishable under Sections 34(2) of the M.P. Excise
Act. Applicant is in judicial custody since 04.01.2026.
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 mentioned in the
application submits that the applicant is falsely implicated in the alleged offence
merely on the basis of information of co-accused Rameshwar in police custody.
The liquor was not recovered from active and conscious possession of the
applicant. No offence, as alleged, is committed by the applicant. The investigation
NEUTRAL CITATION NO. 2026:MPHC-IND:4617
2 MCRC-6165-2026
is almost complete. Further custodial interrogation of the applicants 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 the family. Co-accused
Rameshwar and Pawan have been extended benefit of bail vide order dated
30.01.2026 passed in M.Cr.C. No. 2913/2026. Applicant is ready to cooperate in
further investigation.
Per contra , learned counsel for the State opposes the applicant on the ground
of gravity of alleged offence. Learned counsel refers to 09 criminal antecedents of
the applicant, as mentioned in the case diary. Applicant is aged 57 years. He is an
agriculturist by profession.
In reply, learned counsel for the applicant submits that applicant stands
acquitted in Crime No(s). 209/2009, 158/2013, 43/2015, 335/2016, 220/2018,
17/2022 and 232/2023. Applicant was sentenced to TRC and fine in Crime No.
221/2018 and 265/2022. Applicant has never been convicted for any offence.
According to the material available on case diary, the police force of PS -
Biaora Dehat intercepted one Pulsar Motorcycle to verify the secret information
on 4.1.2026. Lakhan(applicant) was driving the vehicle and co-accused
Rameshwar was pillion rider. Two plastic canes were tied on the motorcycle. On
search of the plastic canes, 70 bulk liters of country made plain liquor was
recovered. They could not produce any valid licence / permit with regard to
alleged liquor. Applicant - Lakhan and co-accused Rameshwar were apprehended
on the spot. The illicit liquor and the vehicle were seized from the joint possession
of Lakhan and Rameshwar. They informed that they had procured the illicit liquor
from applicant Pawan. Accordingly, applicant Pawan was arrested. The veracity
of prosecution and complicity of the applicant in the alleged offence will be
NEUTRAL CITATION NO. 2026:MPHC-IND:4617
3 MCRC-6165-2026
determined after evidence in the trial.
As informed, the applicant has the 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 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 - Lakhan Singh shall be released on
bail in connection with the Crime as mentioned in first paragraph of this order,
upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent 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
NEUTRAL CITATION NO. 2026:MPHC-IND:4617
4 MCRC-6165-2026
ि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 of 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
