[Cites 2, Cited by 0]
Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 19 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5222
1 MCRC-7069-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 19th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7069 of 2026
MAHESH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhishek Dhakad advocate for the applicant.
Shri Bhaskar Agrawal public prosecutor for State.
ORDER
1. This first application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 12 of
2026 registered at Police Station - Narsingadh District Rajgadh (M.P.) for
offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant
is in judicial custody since 28.01.2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application 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. The place, wherefrom, the illicit
liquor was recovered does not belong to the applicant. The illicit liquor was
not seized from the active, conscious, direct and immediate possession of the
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applicant. He has not committed the alleged offence. The 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 the trial. The alleged
offence is not heinous or brutal in nature affecting society at large.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel refers to four
criminal antecedents as mentioned in the case diary. Applicant is aged
around 42 years. He is labourer by profession.
6. In reply, learned counsel for the applicant submits that applicant
was acquitted in relation to crime No. 264/2014 vide order dated 27.1.2018
passed in RCT No. 200521/2014. The applicant was sentenced to
imprisonment of TRC and fine in Crime Nos. 58/2013 and 180/2016, other
matter is pending for trial. The applicant has never been convicted for any
major offence.
6. According to the accusation on case diary, Police force of the
Police Station Narsingadh conducted a raid at Kanjar Dera on 03.01.2026 to
verify the secret information. When, the police force reached near the house
of Mahesh Kanjar, he fled away. On search of the back portion of the house,
country made raw liquor total quantity 180 bulk liters was recovered and
seized. The Police Station, Narsingadh registered FIR for offence punishable
under Section 34(2) of the MP Excise Act against Mahesh. The applicant
Mahesh was arrested on 28.1.2026. He is in custody ever since. The
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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.
7. As informed, the applicant has family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of substantial criminal past and previous conviction for any major
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.
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- Mahesh 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;
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(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
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
BDJ
