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Madhya Pradesh High Court
Bhura vs The State Of Madhya Pradesh on 24 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10099
1 MCRC-12434-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 24th OF MARCH, 2026
MISC. CRIMINAL CASE No. 12434 of 2026
BHURA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Abhishek Singh Bhadoriya - Advocate for applicant.
Mr. Anurag Sharma Dy. Govt. Advocate for respondent/State.
ORDER
The applicant has filed this second bail application u/S.483 of BNSS
for grant of bail. Applicant has been arrested by Police Station- Dehat,
District- Sheopur in connection with Crime No.315/2025 for the offence
punishable under Sections 34(2) Excise Act. His first application was
dismissed on merits vide order dated 19.01.2026 passed in MCRC
No.57106/2025 by this Court.
2. As per the prosecution case, 4100 bulk litres of country-made illicit
liquor has been found from the possession of the co-accused without having
any valid licence.
3 . Learned counsel for the applicant submitted that applicant is
innocent and has been falsely implicated. He is in custody since 27.11.2025.
It is further submitted that applicant is the driver of seized vehicle which has
already been given to co-accused on Supurdginama. The liquor being
NEUTRAL CITATION NO. 2026:MPHC-GWL:10099
2 MCRC-12434-2026
transported from Carya Chemicals and Fertilizers Pvt. Ltd., Guwadi and
Majhari, Shahbad, Baran to Alwar had a valid licence, but the truck
driver/present applicant forgot the route mentioned in the licence. It is further
submitted that co-accused Hari Singh has already been granted bail by this
Court vide order dated 11.03.2026 passed in M.Cr.C. No.10191 of 2026.
Since charge-sheet has already been filed and investigation is over, therefore,
there is no requirement of further custodial interrogation of the
applicant. Offence is triable by the JMFC and trial is likely to take long time
to conclude. The applicant does not bear any criminal history. Applicant
undertakes to cooperate in trial as well as investigation and would make
himself available as and when required. He would abide by the terms and
conditions as imposed by this Court. Under these grounds, he prayed for bail.
4. Learned PP for the respondent/State opposed the prayer and prayed
for dismissal of this application.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the submissions advanced by the learned counsel for
the parties and looking to the facts and circumstances of the case as well as
in view of the change circumstances, but without commenting on the merits
of the case, application is allowed. It is hereby directed that the applicant
shall be released on bail on his furnishing personal bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of trial Court.
7. This order will remain operative subject to compliance of the
following conditions by the applicant:-
NEUTRAL CITATION NO. 2026:MPHC-GWL:10099
3 MCRC-12434-2026
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 them from disclosing such facts to the Court or to the Police
Officer, as the case may be;
iv. The applicant shall not involve in any criminal activities in future
and shall not commit an offence similar to the offence of which he is
accused;
v. The applicant will not seek unnecessary adjournments during the
trial;
vi. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
(LJ*)
