[Cites 2, Cited by 0]
Madhya Pradesh High Court
Shiv Singh vs State Of Madhyapradesh on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5320
1 MCRC-7746-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7746 of 2026
SHIV SINGH
Versus
STATE OF MADHYAPRADESH
Appearance:
Shri Amish Sanghvi - Advocate for the applicant.
Shri Gaurav Rawat GA for the 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. 13 of
2026 registered at Police Station - Alot, District Ratlam (M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 04/02/2026.
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 the basis of information given by the co-
accused Ram Singh in police custody. He has not committed the alleged
offence. No incriminating material much less the illicit liquor was recovered
NEUTRAL CITATION NO. 2026:MPHC-IND:5320
2 MCRC-7746-2026
and seized at the instance of the applicant. The final report has been
submitted on completion of investigation. There is no likelihood of
tampering with evidence by the applicant. Jail incarceration is causing
hardship to the applicant and his dependent family. The applicant is ready to
cooperate in the trial. Main accused Ram Singh has been granted bail by this
Court vide order dated 09/02/2026 passed in MCRC No. 2795 of 2026.
5 . Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers
one criminal antecedent against the applicant as mentioned in the case diary.
Applicant is aged 25 years and is agriculturist by profession.
6. In reply, learned counsel for the applicant submits that other
matter is pending for trial. He has never been convicted.
7. According to the accusation on case diary, S.I. Vishnulal Lohar of
P.S. Alot, Ratlam intercepted one while coloured Maruti Brezza Car bearing
registration no. MP-43-CB-1635 to verify secret information on 08.01.2026.
Ram Singh was driving the vehicle. On search of the vehicle, country made
plan liquor, total quantity 108 bulk litres was recovered. Ram Singh could
not produce any valid licence or permit for transportation of the alleged
liquor. Accordingly, he was arrested on the spot. The illicit liquor and the
vehicle were seized in due compliance with the procedure. The P.S. - Alot
Ratlam registered FIR for offence punishable under Section 34(2) of M.P.
Excise Act against Ram Singh. Ram Singh informed that he had procured
the illicit liquor from applicant Shiv Singh. Accordingly, Shiv Singh was
apprehended on 04/02/2026. He is in custody ever since. The final report
NEUTRAL CITATION NO. 2026:MPHC-IND:5320
3 MCRC-7746-2026
has been submitted on completion of investigation. Co-accused has been
extended the benefit of bail. The trial would take time to conclude. The
contentions advanced by the applicant have prima facie merit and cannot be
dismissed as manifestly baseless. The veracity of prosecution and complicity
of the applicant will be determined after evidence in the trial.
8. As informed, the applicant has family responsibilities. 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.
9. 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.
1 0 . Accordingly, it is directed that applicant-Shiv Singh 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):-
NEUTRAL CITATION NO. 2026:MPHC-IND:5320
4 MCRC-7746-2026
(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 ग
11. 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.
12. 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
amol
