Kulvinder Shing Alias Kinde Sardar vs The State Of Madhya Pradesh
2026 Latest Caselaw 2499 MP

Citation : 2026 Latest Caselaw 2499 MP
Judgement Date : 13 March, 2026

[Cites 2, Cited by 0]

Madhya Pradesh High Court

Kulvinder Shing Alias Kinde Sardar vs The State Of Madhya Pradesh on 13 March, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

         NEUTRAL CITATION NO. 2026:MPHC-GWL:8817




                                                             1                         MCRC-12034-2026
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                 ON THE 13th OF MARCH, 2026
                                           MISC. CRIMINAL CASE No. 12034 of 2026
                                         KULVINDER SHING ALIAS KINDE SARDAR
                                                        Versus
                                            THE STATE OF MADHYA PRADESH
                          Appearance:
                                  Shri Pradeep Katare - Advocate for the applicant.
                                  Shri Atul Kumar Sharma - Public Prosecutor for the State.

                                                                 ORDER

This is the first application, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, filed by the applicant seeking grant of anticipatory bail in connection with Crime No.16 of 2026 registered at Police Station Kadwaya, District Ashoknagar (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per the case of the prosecution, 55 litres of country-made illicit liquor was seized from the co-accused Pushpendra and Pawan. During

interrogation under Section 23(2) of the Evidence Act, the said co-accused persons made a disclosure statement stating that the liquor was being manufactured for Sitte alias Surjit Sardar, Kinte alias Kulvinder Sardar (present applicant), and Ranjit Sardar. On the basis of the said disclosure statements, co-accused Sitte alias Surjit Sardar (present applicant) and Ranjit Sardar were arrested and 60 litres of hand-distilled liquor was seized from

NEUTRAL CITATION NO. 2026:MPHC-GWL:8817

2 MCRC-12034-2026 accused Sitte alias Surjit Sardar, and 10 litres of hand-distilled raw liquor was seized from accused Ranjit Sardar. In this manner, a total of 125 litres of illicit liquor has been seized in the case.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the name of the applicant has surfaced only on the basis of the disclosure statement of the co-accused persons recorded during police interrogation and there is no independent or direct evidence against the applicant connecting him with the alleged offence. It is further submitted that no illicit liquor has been seized from the possession of the present applicant and he has not been arrested in the matter. The alleged recovery of liquor has been made only from the co-accused persons and therefore the applicant has been

unnecessarily implicated in the case. The applicant is ready and willing to cooperate with the investigation and abide by all conditions that may be imposed by this Court. Accordingly, anticipatory bail is sought.

Per contra, learned Public Prosecutor for the State opposed the application and prayed for its rejection.

Considering the overall facts and cirrcumstances of the case, as well as the fact that the material placed on record does not disclose the possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit of anticipatory bail to the applicant. Accordingly, this Court, without commenting on the merits of the case, is of the opinion that the applicant deserves to be extended the benefit of anticipatory bail. Accordingly, this application is allowed. It is directed that in the event of arrest, the applicant

NEUTRAL CITATION NO. 2026:MPHC-GWL:8817

3 MCRC-12034-2026 shall be released on anticipatory bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;