[Cites 6, Cited by 0]
Madhya Pradesh High Court
Subhash vs The State Of Madhya Pradesh on 27 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:5866
1 MCRC-6509-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 27 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6509 of 2026
SUBHASH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manoj Saxena - Advocate for the applicant.
Shri Surendra Kumar Gupta - GA for the respondent/State.
WITH
MISC. CRIMINAL CASE No. 6566 of 2026
KADAR SHIEKH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vishal Patidar - Advocate for the applicant.
Shri Surendra Kumar Gupta - GA for the respondent/State.
MISC. CRIMINAL CASE No. 7037 of 2026
BHAGWAN SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri M.R. Sheikh - Advocate for the applicant.
Shri Surendra Kumar Gupta - GA for the respondent/State.
ORDER
1] They are heard and perused the case diary/challan papers.
NEUTRAL CITATION NO. 2026:MPHC-IND:5866
2 MCRC-6509-2026
2] This order shall govern the disposal of M.Cr.C. No.6509/2026, M.Cr.C.
No.6566/2026 and M.Cr.C. No.7037/2026, as all these cases arise out of the same
Crime No.840/2025.
3] These are the first bail applications filed by the applicants under Section
483 of Bharatiya Nagrik Suraksha Sanhita, 2023/ 439 of Criminal Procedure
Code, 1973, as they are implicated in connection with Crime No.840/2025
registered at Police Station - Excise Circle B, Jhabua (MP) for offence punishable
under Sections 34(1)(A), 34(2), 36 & 46 of the M.P. Excise Act. Applicant
Subhash is in custody since 30.1.2026, applicant Kadar Sheikh is in custody since
22.1.2026 and applicant Bhagwan Singh is in custody since 31.1.2026.
4] The allegation against the applicants is of their involvement in the present
case, wherein 1031 bulk litre illicit liquor has been seized from a Mahindra pickup
vehicle which was being driven by Naresh, who in his memorandum statement has
disclosed that he had purchased the said liquor and vehicle from one Raju.
5] Counsel for the applicants has submitted that the applicants are innocent
and they have been falsely implicated in this case. It is further submitted that the
aforesaid vehicle has changed hands by the applicants and Raju. Main allegation is
against Raju, who is still absconding. Applicants have no criminal antecedents.
They are lodged in jail since 30.1.2026, 22.1.2026 and 31.1.2026,
respectively. Final conclusion of trial is likely to take sufficient long time. Hence,
it is submitted that the bail applications be allowed and the applicants be released
on bail.
6] Counsel for the respondent / State has opposed the prayer and submitted
that no case for grant of bail is made out.
7] Having considered the rival submissions, perusal of the case diary and
considering the fact that the applicants are not owner of the aforesaid vehicle,
NEUTRAL CITATION NO. 2026:MPHC-IND:5866
3 MCRC-6509-2026
whereas the said vehicle itself was obtained by the main accused from one Raju,
who is still absconding, in such circumstances this Court finds that the further
custody of the applicants would not be necessary.
8] Accordingly, without commenting on the merits of the case, all the three
applications filed by the applicants are allowed. The applicants-Subhash, Kadar
Sheikh and Bhagwan Singh are directed to be released on bail upon furnishing a
personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each
with one solvent surety each of the like amount to the satisfaction of the trial Court
for their regular appearance before the trial Court during trial, with a condition that
they shall remain present before the court concerned during trial and shall also
abide by the conditions enumerated under Section 437 (3) Criminal Procedure
Code, 1973.
9] It is also directed that if the applicants are found to be involved in
violation of any of the terms of this order, an application for cancellation of their
bail may be filed before the trial Court itself, who shall decide the same in
accordance with law.
10] All the three M.Cr.C.s stand allowed and disposed of.
11] Signed order be kept in the file of M.Cr.C. No.6509/2026 and a copy
thereof be placed in the file of connected M.Cr.C. No.6566/2026 and M.Cr.C.
No.7037/2026.
Certified copy as per rules.
(SUBODH ABHYANKAR)
JUDGE
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