[Cites 2, Cited by 0]
Madhya Pradesh High Court
Kishore Rao vs The State Of Madhya Pradesh on 18 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5047
1 MCRC-8091-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 18th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8091 of 2026
KISHORE RAO
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Yashraj Gupta - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for respondent/State.
ORDER
1. 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. 37/2026, registered at Police Station - Maxi,
District Shajapur (M.P.) for offence punishable under Section34(2) of the
M.P. Excise Act. Applicant is in judicial custody since 7.2.2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. 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
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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 the
trial.
5. 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 is reported against
the present applicant. Applicant is aged around 32 years. He is a tailor by
profession.
6. According to the accusation on case diary, Head Constable Kiran
Lakshkar intercepted applicant Kishore standing near Jhokar Road with two
gunny bags to verify the secret information on 7.2.2026. During search of
the gunny bags, illicit plain liquor, total quantity 54 bulk litres was
recovered and seized from the possession of the applicant. Applicant was
apprehended on the spot. The P.S. - Maksi, District Shajapur, registered FIR
for offence punishable under Section 34(2) of M.P. Excise Act against
applicant. The offence is triable by JMFC. The trial would take time to
conclude. The veracity of prosecution and complicity of the applicant will be
determined after evidence in the trial.
7. As informed, the applicant has family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal past, 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
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incarceration of the applicant. However, the observations, herein-above, are
recorded for present application only.
8. 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.
9 . Accordingly, it is directed that applicant- Kishore Rao S/o.
Radheyshyam 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;
(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
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10. 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.
11. 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
SS/-
