Citation : 2026 Latest Caselaw 2938 MP
Judgement Date : 24 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10106
1 MCRC-8076-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 24 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8076 of 2026
MOHAMMAD SHAFEEK ALIAS BABLU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sachin Singh Tomar - Advocate for the applicant.
Shri Dinesh Savita - PP for the State.
ORDER
This is first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested in connection with Crime No.221/2024 registered at Police Station - Civil Line, District Vidisha (M.P.) for the offence under Sections 429 of IPC, Sections 11(1)(d), 11(1)(1), 11(1)(e) and 11(1)(f) of the Prevention of Cruelty to Animals Act, Sections 4/9 and 6/9 of the M.P. Cow Slaughter Prohibition Act ad Section 49-A of the Excise Act.
2. As per the prosecution case, the allegation against the present applicant is that 10 liters of poisonous liquor was seized from the possession of the present
applicant which was unfit for human consumption.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 26.12.2025. The alleged liquor has already been seized, therefore, this is no requirement of custodial interrogation. The charges is triable by JMFC. The applicant is permanent resident of District Ujjain (M.P.), therefore, there is no likelihood of his absconding or tampering with the prosecution evidence. It is
NEUTRAL CITATION NO. 2026:MPHC-GWL:10106
2 MCRC-8076-2026 further submitted that applicant is ready and willing to abide by all the terms and conditions imposed by this Court. Investigation is almost over. Conclusion of the trial will take sufficiently long time. Hence, counsel prayed for grant of bail to the applicant.
4. Learned counsel for the State has vehemently opposed the prayer and prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case diary.
6. Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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 Trial Court.
7. This order will remain operative 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/her;
ii) The applicant will cooperate in the investigation /trial, as the case may be;
iii) The applicant will not indulge himself/herself 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 acts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat the offence in future.
NEUTRAL CITATION NO. 2026:MPHC-GWL:10106
3 MCRC-8076-2026
vi) The applicant will not seek unnecessary adjournments during the trial; and
vii) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
viii) It is made clear that if the FSL report is found positive and the liquor is found poisonous/unfit for human consumption, then this bail order shall stand automatically cancelled and the applicant shall surrender before the concerned court immediately.
(ix) The applicant shall mark his presence before Police Station Civil Line, District Vidisha on first Sunday of every month between 10:30 am to 2:30 pm, till conclusion of trial.
8. Application is allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
Rashid
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