[Cites 6, Cited by 0]
Madhya Pradesh High Court
Mahipal Singh Rajpoot vs The State Of Madhya Pradesh on 11 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8424
1 MCRC-11435-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11435 of 2026
MAHIPAL SINGH RAJPOOT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rohit Shrivastava - Advocate for applicant.
Shri Harish Sharma - Public Prosecutor for respondent/State.
ORDER
This is first application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant has been arrested on 23.02.2026 by Police Station
Raghogarh District Guna in connection with Crime No.126/2019 registered
in relation to the offence punishable under Sections 34(1), 34(2) and 49(A)
of Excise Act.
As per prosecution case, on 05.07.2019, acting upon information
received from an informer regarding the transportation of illicit liquor, and
due to lack of time, a search was conducted without obtaining a warrant. The
search was carried out by the excise police along with home guards after
reaching the spot with the necessary documents. During the search of the
vehicle, 171 bulk litres of illegal liquor was found to be transported by the
accused Shivpratap Chauhan and Deependra Chauhan which was seized from
NEUTRAL CITATION NO. 2026:MPHC-GWL:8424
2 MCRC-11435-2026
their possession. Further, on the disclosure and pointing out of both accused
persons, 72 bulk litres of illegal country-made liquor, 132 bulk litres of
illegal whisky liquor, and 10 litres of hand-distilled liquor were recovered
from the house of Mahipal Chauhan (present applicant). However, Mahipal
Chauhan managed to escape from the spot. Thus, a case was registered
against Shivpratap Chauhan, Deependra Chauhan, and the absconding
accused Mahipal Chauhan under Sections 34(1), 34(2), and 49(a) of the
Madhya Pradesh Excise Act and the matter was taken up for investigation.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that the applicant has been in judicial custody since 23.02.2026. Learned
counsel contends that the alleged offence pertains to the year 2019 and the
case is triable by the Judicial Magistrate First Class. It is further submitted
that the implication of the applicant is based solely on the memorandum of
co-accused persons, which is not admissible in evidence so far as the present
applicant is concerned. It is also contended that the liquor allegedly seized
from the applicant's house was recovered in his absence, which creates
serious doubt regarding his involvement in the alleged offence. Learned
counsel further submits that the conclusion of the trial is likely to take a
considerable period of time. The applicant is a permanent resident of District
Guna and there is no likelihood of his absconding or tampering with the
prosecution evidence. In view of the aforesaid circumstances, it is prayed
that the applicant be enlarged on bail.
Per contra, learned counsel for the State vehemently opposed the bail
NEUTRAL CITATION NO. 2026:MPHC-GWL:8424
3 MCRC-11435-2026
application and prayed for its rejection submitting that the present applicant
has criminal antecedents of three criminal cases.
Heard learned counsel for the rival parties and perused the case diary.
Considering the overall facts and circumstances of the case and nature
of allegations, coupled with the fact that the trial is not likely to conclude in
near future and prolonged pre-trial detention being an anathema to the
concept of liberty, this Court is inclined to extend the benefit of bail to the
applicant.
Accordingly, without expressing any opinion on the merits of the case,
the present application is allowed. It is directed that the applicant be released
on bail upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees
Fifty Thousand only), along with one solvent surety in the like amount, to
the satisfaction of the learned Trial Court/Committal Court for his
appearance on the dates given by the concerned Court.
This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
NEUTRAL CITATION NO. 2026:MPHC-GWL:8424
4 MCRC-11435-2026
4. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
