[Cites 2, Cited by 0]
Madhya Pradesh High Court
Vicky Yadav vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6226
1 MCRC-8579-2026
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. 8579 of 2026
VICKY YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri M.I. Ansari, Advocate for the applicant.
Shri Bhaskar Agrawal, Govt. Advocate for the respondent/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.32/2026
registered at Police Station - Neelganga, District Ujjain(M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 22.01.2026.
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. He has not committed the alleged
offence. The final report has been submitted on completion of investigation.
There is no likelihood of tampering with evidence by the applicant. Jail
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incarceration is causing hardship to the applicant and his dependent family.
The applicant is ready to cooperate in the trial.
5 . Per contra, learned counsel for the State opposes 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 27 years and is carpenter by profession.
6. According to the accusation on case diary, S.I. Uddhamsingh of
P.S. Neelganga, Ujjain intercepted one motocycle Passion bearing
registration No.MP.09.QX.0571 of the accused to verify secret information
on 22.01.2026. The country made plain liquor and foreign liquor, total
quantity 62.250 bulk litres was recovered from the joint possession of
applicant Vicky Yadav and co-accused Laxman Singh. They were found
transporting the illicit liquor on the said vehicle without any valid licence or
permit for transportation of the alleged liquor. Accordingly, they were
arrested on the spot. The illicit liquor and the vehicle were seized in due
compliance with the procedure. The P.S. - Neelganga, Ujjain registered FIR
for offence punishable under Section 34(2) of M.P. Excise Act against the
accused. The applicant was apprehended on 22.01.2026. He is in custody
ever since. The final report has been submitted on completion of
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 family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
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absence of previous conviction for any 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.
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. Thus, the application is
allowed.
9 . Accordingly, it is directed that applicant-Vicky Yadav 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 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;
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(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
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.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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