[Cites 7, Cited by 0]
Madhya Pradesh High Court
Nahar Singh vs The State Of Madhya Pradesh on 11 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6482
1 MCRC-10706-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10706 of 2026
NAHAR SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shardul Shah, Advocate for the applicant.
Shri Bhaskar Agrawal, Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.30/2026
registered at Police Station - Barkhedakala, District Ratlam(M.P.) for
offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant
is in judicial custody since 18.02.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application 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 illicit liquor was not seized
from the active and conscious possession of the applicant. He has not
committed the alleged offence. The investigation is almost complete. Further
NEUTRAL CITATION NO. 2026:MPHC-IND:6482
2 MCRC-10706-2026
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 family. Applicant is ready to
cooperate in further trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel further refers to 01
criminal antecedent against the applicant registered vide Crime No.125/2023
for offence punishable under Sections 452, 294, 323, 506/34 of IPC, as
mentioned in the case diary. No prosecution, similar in nature is pending
against the applicant. Applicant is aged 19 years and he is an agriculturist by
profession.
According to the accusation on case diary, A.S.I. R.C. Bambhoriya of
P.S. Barkhedakala, Ratlam intercepted a Honda Shine motorcycle to verify
the secret information, driven by applicant - Naharsingh, on 18.02.2026. The
country made plain liquor - total quantity 63 bulk litres was recovered from
the said vehicle. The applicant was found transporting the illicit liquor
without any valid permit. The illicit liquor was seized in due compliance
with the procedure from the possession of applicant. The P.S. - Barkhedakala
registered FIR for offence punishable under Section 34(2) of M.P. Excise
Act against the accused. Applicant was apprehended on 18.02.2026. He is in
custody ever since. The trial would take time to conclude. The veracity of
prosecution and complicity of the applicant will be determined after evidence
in the trial.
As informed, the applicant is aged 19 years and is still dependent
NEUTRAL CITATION NO. 2026:MPHC-IND:6482
3 MCRC-10706-2026
upon his family. Considering these aspects, there appears to be no possibility
of fleeing from justice. In absence of any criminal antecedents, considering
the socio-economic status of the applicant, there appears to be no likelihood
of recidivism or tampering with evidence or influencing the witnesses by the
young applicant. The offence is triable by JMFC. There appears to be no
compelling reason to continue incarceration of the young 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-Naharsingh 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.50,000/-(Rupees
Fifty 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 ।
NEUTRAL CITATION NO. 2026:MPHC-IND:6482
4 MCRC-10706-2026
(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 from 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/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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