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Madhya Pradesh High Court
Rahul Singh vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6223
1 MCRC-9320-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 9320 of 2026
RAHUL SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Chandan Kumar Gera - Advocate for the applicant appeared
through VC. and Shri Aditya Choudhary - Advocate for the applicant
Shri Tarun Pagare GA for the State.
ORDER
1. This second application has been filed by the applicant under
Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.
454 of 2025 registered at Police Station - Excise Circle, Badnagar, District
Ujjain (M.P.) for offence punishable under Sections 34(1) (A) and 34(2) of
M.P. Excise Act, 1915. Applicant is in judicial custody since 21/11/2025.
His first bail application was dismissed as withdrawn vide order dated
12/02/2026 passed in MCRC no. 4090 of 2026 with a liberty to file afresh
bail application along with explanation of criminal antecedents.
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
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mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence merely on suspicion. He has not committed the alleged
offence. No incriminating material, much less, the illicit liquor was
recovered and seized at the instance of the applicant. 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. The applicant is ready to cooperate in further investigation
and 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 offenc Learned counsel further refers six
criminal antecedents against the applicant as mentioned in the case
diary. Applicant is aged around 32 years and is an agriculturist by
profession.
6. In reply, learned counsel for the applicant submits that the
applicant has been sentenced to imprisonment of TRC and fine in three
matters relating to section 34(1) of the M.P. Excise Act. He has been
convicted for offence punishable under sections 294, 323/34, 325/34 and 506
part-II of the IPC and sentenced to undergo six months rigorous
imprisonment with fine of Rs.1000/- vide judgment dated 22/09/2023 .He
has been acquitted in one matter relating to Crime no. 629 of 2014.
However, one matter is pending for trial.
7. According to the accusation on case diary, ASI of Excise Circle,
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Badnagar intercepted on Maruti-Suzuki S-Presso Car bearing registration
no MP-09-WF-9723 to verify secret information. The driver of the car
escaped from the spot of incident taking benefit of darkness. One of the
Panch Witness Pushpendra Bhadodiya informed that Rahul (applicant) was
the driver of the said vehicle. On search of the vehicle, country-made foreign
liquor, total quantity 147 bulk liters was recovered. The vehicle and the
liquor were seized. During investigation, Rahul was formally arrested on
10/01/2026, but no test identification parade was conducted during
investigation. 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 the family responsibility.
Considering these aspects, there appears to be no possibility of fleeing from
justice. 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. however, on stringent
conditions in view of the criminal antecedents. Thus, the application is
allowed.
9. Accordingly, it is directed that applicant- Rahul Singh shall be
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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;
(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
(6) The applicant shall mark his presence before the SHO, P.S.- Badnagar, District. Ujjain (M.P.) on
every Saturday of the month till conclusion of trial. A copy of this order be forwarded to the concerned
SHO for compliance with the case diary.
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.
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C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
