[Cites 2, Cited by 0]
Madhya Pradesh High Court
Arjun vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6200
1 MCRC-8754-2026
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. 8754 of 2026
ARJUN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Navendu Joshi - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for the respondent/State.
ORDER
This second 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. 389/2025 registered at Police Station- - Bilpank, District- Ratlam
(M.P.) for offence punishable under Section 34(2) of the M.P. Excise Act.
Applicant is in judicial custody since 01.07.2025. His first bail application was
dismissed as withdrawn with liberty to renew the prayer after recording of
evidence of seizure witness vide order dated 15.09.2025 passed in MCRC No.
39946/2025. Thereafter, seizure witnesses Devendra Das(PW-1) and Sohrab(PW-
2) have been examined.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary
and the relevant material on record.
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. The liquor was not recovered from active and
NEUTRAL CITATION NO. 2026:MPHC-IND:6200
2 MCRC-8754-2026
conscious possession of the applicant. The final report has been submitted on
completion of investigation. The seizure witness Devendra Das (PW-1) and
Shohrab (PW-2) have been examined. Applicant has clean past, with family roots.
There is no history of evading process of law. There is no likelihood of tampering
with remaining evidence by the applicant for the reason that the applicant is a
Driver by profession and is not capable to manipulate the evidence. Jail
incarceration is causing hardship to the applicant and dependent family.The co-
accused Sadhu has been extended benefit of bail vide order dated 27.01.2026
passed in M.Cr.C.No. 269/2026. Applicant is ready to cooperate in trial. The
alleged offence is not heinous or brutal in nature affecting society at large.
Per contra , learned counsel for the State opposed the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
Applicant is aged around 28 years. He is a Driver by profession.
According to the material available on case diary, one Bolero Pick-Up
vehicle was intercepted on 01/07/2025 by Sub-Inspector Deepak Damore along
with police force of Police Station - Bilpank, District- Ratlam to verify the secret
information. Applicant - Arjun and co-accused Sadhu were found transporting
country-made foreign liquor beer, total quantity 1344 bulk liters without legal
permit or license. Arjun and Sadhu were arrested on the spot. They informed that
Shivam was their associate, who had fled away from the spot taking benefit of
darkness. Accordingly, Shivam was apprehended on 30.08./2025. Shivam and
Sadhu have been extended benefit of bail vide order dated 15.09.2025 &
27.01.2026 passed in M.Cr.C No. 41871/2025 & M.Cr.C. No. 269/2026. The
independent prosecution witness have been examined. The trial will take time to
NEUTRAL CITATION NO. 2026:MPHC-IND:6200
3 MCRC-8754-2026
conclude. The veracity of prosecution and complicity of applicant will be
determined after evidence in the trial.
As informed, the applicant has family responsibility of aged parents.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedent, considering the socio-economic
status of the applicant, there appears to be no likelihood of tampering with
evidence or influencing the remaining 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.
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.
Accordingly, it is directed that applicant- Arjun 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 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 ।
(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:6200
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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 ।
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 of this order.
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
sh
