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Madhya Pradesh High Court
Munnlal Vihaniya vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6239
1 MCRC-9208-2026
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. 9208 of 2026
MUNNLAL VIHANIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Chandan Kumar Gera advocate for the applicant through VC.
Shri Tarun Pagare public prosecutor for 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. 188 of 2026
registered at Excise Circle No. 03 Ujjain District Ujjain (M.P.) for offence
punishable under Section 34 (1)(A) and 34(2) of M.P. Excise Act, 1915.
Applicant is in judicial custody since 12/02/2026.
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 suspicion. No incriminating material, much less,
the illicit liquor was recovered and seized at the instance of the applicant. He
has not committed the alleged offence. The investigation is almost complete.
NEUTRAL CITATION NO. 2026:MPHC-IND:6239
2 MCRC-9208-2026
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/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 offence. Learned counsel further refers to two
criminal antecedents against the applicant as mentioned in the case diary.
Applicant is aged 77 years and is in dairy business.
6. In reply, learned counsel for the applicant submits that applicant was
acquitted in other matters. No prosecution is pending against the applicant.
He has never been convicted.
7. According to the accusation on case diary, the Excise Circle, Ujjain
received secret information on 12.02.2026 regarding illegal transportation of
illicit liquor in the vehicle bearing registration no MP-13-EM-8506 driven
by applicant near Pingleshwar Marg. During search of the vehicle, country
made Masala liquor, total quantity 76.5 bulk litres was recovered. Applicant
Munnalal 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
Excise Circle Ujjain registered FIR for offence punishable under Section
34(1)(A) and 34(2) of M.P. Excise Act against applicant Munnalal. The
veracity of prosecution and complicity of the applicant will be determined
after evidence in the trial.
NEUTRAL CITATION NO. 2026:MPHC-IND:6239
3 MCRC-9208-2026
8. As informed, the applicant has family responsibilities. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence
of 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 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-Munnalal Vihaniya 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):-
(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
NEUTRAL CITATION NO. 2026:MPHC-IND:6239
4 MCRC-9208-2026
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
BDJ
