[Cites 2, Cited by 0]
Madhya Pradesh High Court
Shahid Qadri vs The State Of Madhya Pradesh on 12 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6655
1 MCRC-10751-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10751 of 2026
SHAHID QADRI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aishwarya Vardhan Sethi, Advocate for the applicant.
Shri Viraj Godha, 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.08/2026
registered at Police Station - Panwasa, District Ujjain(M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in
judicial custody since 08.01.2026.
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. No offence, as alleged, is
committed by the applicant. The final report has been submitted on
completion of investigation. There is no likelihood of tampering with
NEUTRAL CITATION NO. 2026:MPHC-IND:6655
2 MCRC-10751-2026
evidence by the applicant. Jail incarceration is causing hardship to the
applicant and his dependent family. Applicant is ready to cooperate in
further investigation/trial.
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
present applicant. Applicant is aged around 51 years. He is a labourer by
profession.
As per accusation on case diary, ASI Savitri Katara of P.S. Panwasa,
District Ujjain on the basis of secret information intercepted the Activa
vehicle of applicant - Shahid Qadri. During search, country made plain
liquor - total quantity 63 bulk litres was recovered and seized from the
possession of the applicant. The applicant was found transporting the illicit
liquor without valid permit. The P.S. - Panwasa registered FIR for offence
punishable under Section 34(2) of M.P. Excise Act. Applicant was
apprehended on 08.01.2026. He is in custody ever since. The final report has
been submitted on completion of investigation. The contentions advanced by
the applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. 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 has family responsibility. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence
of any criminal past, considering the socio-economic status of the applicant,
there appears to be no likelihood of recidivism or tampering with evidence
NEUTRAL CITATION NO. 2026:MPHC-IND:6655
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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.
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-Shahid Qadri 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;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
NEUTRAL CITATION NO. 2026:MPHC-IND:6655
4 MCRC-10751-2026
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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