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Madhya Pradesh High Court
Mangal Singh vs The State Of Madhya Pradesh on 29 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:2803
1 MCRC-3905-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 29th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 3905 of 2026
MANGAL SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kunal Samak, Advocate for the applicant.
Shri Sunit Kapoor, Govt. Advocate for the 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.785/2025 registered at Police Station-Station
Road, Ratlam, District - Ratlam(M.P.) for offence punishable under Section
34(2) of the M.P. Excise Act. Applicant is in judicial custody since
09.11.2025.
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 is falsely implicated
in the alleged offence merely on basis of information given by co-accused in
police custody. No offence, as alleged is committed by the applicant. No
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incriminating material, much less, the illicit liquor was recovered from active
and conscious possession of the applicant. The final report has been
submitted on completion of investigation. There is no likelihood of
tampering with evidence by the applicant for the reason that he is a labourer
and is not capable to influence the witnesses. Jail incarceration is causing
hardship to the applicant and his family. Co-accused Rehan has been granted
b a i l vide order dated 31.12.2025, passed in M.Cr.C. No.60314/2025.
Applicant is ready to cooperate in further trial.
5 . Per contra, learned counsel for the State opposed the application
on the ground of gravity of alleged offence. Learned counsel further refers to
05 criminal antecedents reported against the applicant, as per the case diary.
He further submits that the applicant is aged 35 years(as per arrest memo)
and is labourer by profession.
6. In reply, learned counsel for the applicant submits that in four of
the matters registered vide Crime Nos.119/2020, 618/2021 and 726/2021 and
845/2016, the applicant has been sentenced to TRC and fine. In Crime
No.465/2022, the applicant has been acquitted vide order dated 29.03.2023,
passed in RCT No.1382/2022 on the basis of compromise. The applicant has
never been convicted.
7 . As per the accusation, S.I. Devendra Sigh Sengar of P.S. Station
Road, Ratlam(M.P.) received secret information about transportation of illicit
liquor on 23.09.2025. Accordingly, check point was installed. Accused
Rajesh Sen riding a motorcycle was intercepted with four bags of Vimal tied
on his HF Deluxe Motorcycle bearing registration No.MP-13-ZA-8704.
During search, from one of the bags, country made plain liquor, total
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quantity 66.00 bulk liters was recovered and seized. The Police Station,
Station Road Ratlam registered FIR for offence punishable under Section
34(2) of M P Excise Act against accused Rajesh Sen. Rajesh was arrested on
the spot. He in his memo recorded u/s 23(2) of Bhartiya Sakshya Adhiniyam
2023 informed that he alongwith his associates Mangal Singh(applicant) and
Rehan were transporting the illicit liquor. Applicant Mangal Singh and co-
accused Rehan were given notice under Section 35 of BNSS, 2023. The final
report was filed on 26.11.2025 on completion of investigation. The applicant
was arrested on 09.11.2025. He is in custody every since. There is no
communication details reflected by the Call Detail Report or the money trail
showing complicity of the applicant in the alleged offence. The fact remains
that no incriminating material was recovered and seized at the instance of the
applicant, in furtherance of the information. Co-accused Rehan has been
granted bail vide order dated 31.12.2025, passed in M.Cr.C.
No.60314/2025. The contentions advanced by the applicant have prima-facie
merit and cannot be dismissed as manifestly baseless. The veracity of prosecution
and complicity of applicant in the alleged offence will be determined after
evidence in the trial.
8. As informed, the applicant has the responsibility of dependent
family. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any 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 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.
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. (Relied on order dated 01.12.2025, passed in M.Cr.C. No.
54226/2025 in the matter of Prashant alias Lucky Vs. State of M.P. ]
10. Accordingly, it is directed that applicant-Mangal 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.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 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 ।
11. This order shall be effective till the end of trial. However, in case of
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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 had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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