[Cites 3, Cited by 0]
Madhya Pradesh High Court
Premsingh vs The State Of Madhya Pradesh on 17 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4862
1 MCRC-7335-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7335 of 2026
PREMSINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijendra Pawar - 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. 91/2025 registered at Police Station- Excise Circle Agar District-
Agar Malwa (M.P.) for offence punishable under Sections 34(1)(a) and 34(2) of
the M.P. Excise Act. Applicant is in judicial custody since 22.01.2026.
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 Ishwar 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 final report
NEUTRAL CITATION NO. 2026:MPHC-IND:4862
2 MCRC-7335-2026
has been filed on completion of investigation. There is no likelihood of tampering
with evidence by the applicant. Jail incarceration is causing hardship to the
applicant and the family. Co-accused Ishwar has been extended benefit of bail
vide order dated 09.06.2025 passed by the co-ordinate Bench in M.Cr.C. No.
24490/2025 and Nagusingh alias Nagendra has been extended benefit of bail by
this Court vide order dated 04.02.2026 passed in M.Cr.C. No. 4740/2026.
Applicant is ready to cooperate in trial.
Per contra , learned counsel for the State opposes the applicant on the ground
of gravity of alleged offence. Learned counsel refers to 03 criminal antecedents of
the applicant, as mentioned in the case diary. Applicant is aged 30 years. He is a
labourer by profession.
In reply, learned counsel for the applicant submits that applicant was
sentenced to imprisonment of TRC and fine in Crime No. 19/2024. The other
matters at Crime No(s) 449/2025 and 137/2024 are pending for trial. Applicant
has never been convicted for any offence.
According to the accusation on case diary, the police force of P.S. Agar
intercepted accused Ishwer to verify the secret information, on 14.05.2025. Ishwer
was possessing the illicit liquor 30.96 bulk litres of country made plain liquor and
27 bulk litres of country made foreign liquor(Beer). Total illicit liquor - quantity
57.96 bulk litres liquor was recovered from Ishwer. Ishwer informed that applicant
- Nagusingh @ Nagendra has provided him the illicit liquor. Accordingly, the
Nagu was arrested on 16.01.2026. He informed that the he had taken the illicit
liquor from Prem Singh(applicant) and delivered it to co-accused Ishwer.
Accordingly, applicant - Prem Singh was arrested on 22.01.2026. That fact
remains that the illicit liquor was not recovered and seized from direct and
NEUTRAL CITATION NO. 2026:MPHC-IND:4862
3 MCRC-7335-2026
immediate possession of applicant. The contentions advanced by the applicant
have prima-facie merit and cannot be dismissed as manifestly baseless. 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 the family responsibility. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence of
any substantial past and 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 - Prem 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 ।
NEUTRAL CITATION NO. 2026:MPHC-IND:4862
4 MCRC-7335-2026
(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 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
