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Madhya Pradesh High Court
Mohammad Taj vs The State Of Madhya Pradesh on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5325
1 MCRC-7603-2026
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. 7603 of 2026
MOHAMMAD TAJ
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Vyas - Advocate for the applicant.
Shri Gaurav Rawat GA for the State.
ORDER
1 . This first bail application has been filed by applicant under
Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in
connection with Crime No. 129 of 2025 registered at Police Station-
Kharakua, District- Ujjain, (M.P.) for an offence punishable under Sections
49(A) of M. P. Excise Act. The applicant is in judicial custody since
26/08/2025.
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 has falsely been
implicated in the matter. The liquor was not seized from active and conscious
possession of the applicant. The final report has been filed on completion of
NEUTRAL CITATION NO. 2026:MPHC-IND:5325
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investigation. The trial would take time to conclude. The alleged offence is
triable by Judicial Magistrate First Class. There is no likelihood of tampering
with evidence by the applicant for the reason that he is a labourer by
profession and is not capable to influence the prosecution witnesses. Jail
incarceration is causing hardship to the applicant and the dependent family.
Applicant is ready to cooperate in the trial.
5 . Per contra, learned counsel for the respondent/State opposes the
bail 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 around 42 years and is labourer by
profession.
6 . In reply, learned counsel for the applicant submits that the other
matter is pending for trial. He has never been convicted for any offence.
7. As per accusation on case diary, the police force of PS- Kharakua,
Ujjain intercepted Mohd Taj (applicant) near the Gumati situated behind
Bhudhwariya Market, to verify the secret information on 26/08/2025.
Applicant was found with one cane. On search of the cane, country made
raw liquor - total quantity - 05 bulk liters suspected to be unfit for human
consumption was recovered and seized in compliance with due procedure.
The applicant was arrested on the spot. The samples were drawn and sent for
chemical analysis. As per FSL report, the seized samples contain 14.22%
ethyl alcohol and traces of Ammonium Chloride and furfural along with
sediments. However, exact percentage of Ammonium Chloride is not
reflected in the FSL report. There is no opinion that the liquor was poisonous
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or life threatening. 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 responsibility of dependent family.
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
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 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.
10. Accordingly, it is directed that applicant - Mohd. Taj 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 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 asunder):-
(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:5325
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(2) Applicant shall not commit or get involved in any offence;
(2) आवेदक 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 ।
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
