Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 8 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:29410
1 MCRC-43209-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 43209 of 2025
DINESH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Krishnapal Singh Khichi - Advocate for the applicant.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
ORDER
This second application has been filed by applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in connection with Crime No. 30/2025 registered at Police Station- Bhojpur, District Rajgarh(M.P.) for offence punishable under Sections 34(2) of M.P. Excise Act. The applicant is apprehending his arrest in the matter. His first bail application was disposed off in the light of directions of the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 vide order dated 01.09.2025 passed in M.Cr.C. No. 39311/2025.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. Learned counsel referring to the marksheets of Government High School for Class IX and the marksheet of High School Certificate Examination of the applicant submits that date of birth of applicant is shown as 01.01.2008. Initially, the final report was submitted before the Juvenile Justice Board, Rajgarh. But the Juvenile Signature Not Verified Signed by: SEHAR HASEEN Signing time: 08-10-2025 18:40:42 NEUTRAL CITATION NO. 2025:MPHC-IND:29410 2 MCRC-43209-2025 Justice Board opined that age of the applicant shown in the Scholar Register is 02.02.2004 so he is major and directed to file final report before the regular Court. Learned counsel contends that Juvenile Justice Board without conducting proper inquiry into minority of the applicant had forwarded the final report to the Court of Jurisdictional Magistrate. Learned counsel further submits that applicant was rider of the motorcycle. Allegedly, the pillion rider Kamal was carrying illicit liquor, who fled away from the spot. The illicit liquor does not belong to the applicant. The custodial interrogation of the applicant is not needed in the matter. Jail incarceration on false accusation would cause hardship to the young applicant. Kamal - the pillion rider has been extended benefit of anticipatory bail by the trial Court vide order dated 09.07.2025 passed on B.A. No. 408/2025. Applicant is ready to cooperate in the investigation.
Per contra, learned Counsel for the State opposes the bail 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 applicant.
According to the material on the case diary, Head Constable Mohd Irshad Khan of P.S. Bhojpur intercepted a motorcycle on 27.01.2025 to verify the secret information. The pillion rider fled away. Dinesh was found with the motorcycle. A box containing 92.82 liters of illicit country made raw liquor, foreign liquor and beer was recovered and seized from the possession of Dinesh. He was given notice to cooperate in the investigation. Final report has been submitted on completion of investigation before the Juvenile Justice Board. Later, at the directions of Juvenile Justice Board, a final report was submitted before the JMFC, Khilchipur Distt. Rajgarh. The veracity of prosecution and the age of the applicant will be determined during evidence in trial. It is expected that the trial Court shall conduct Signature Not Verified Signed by: SEHAR HASEEN Signing time: 08-10-2025 18:40:42 NEUTRAL CITATION NO. 2025:MPHC-IND:29410 3 MCRC-43209-2025 proper inquiry into the claim of juvenility of the applicant.
As informed, the applicant is aged around 18 years. He is pursuing his studies and is still dependent on his family. Considering the age, profession and status of the applicant, there appears to be no likelihood of fleeing from justice or involving in any criminal activity. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with the evidence, influencing the witness or interfering in the investigation by the applicant. The incarceration of applicant does not appear to be necessary for the purpose of investigation. The grant of anticipatory bail to the applicant will not cause prejudice to free, fair and full investigation. Considering his clean past, age, status and profession, the applicant may suffer hardship and prejudice due to incarceration entailing social disrepute and humiliation. Considering the overall circumstances of the case, but without commenting on merits of the accusation, this Court is inclined to grant anticipatory bail to the young applicant . Thus, the application is allowed.
Accordingly, it is directed that in the event of arrest, applicant - Dinesh 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. 75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety of the like amount to the satisfaction of the officer making arrest/the Competent Court for compliance with the following conditions: (For the convenience of understanding by accused and surety, the conditions of bail are reproduced in Hindi as under):-
1) Applicant shall be available for investigation on direction of the Investigation Officer. (1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djssxk ;k mlesa lfEefyr ugha gksxkA Signature Not Verified Signed by: SEHAR HASEEN Signing time: 08-10-2025 18:40:42 NEUTRAL CITATION NO. 2025:MPHC-IND:29410
4 MCRC-43209-2025 (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) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gkssA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C/346 of the BNSS. regarding examination of witnesses in attendance; (5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-@346 Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsaxsA 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 Investigation Officer /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 had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 08-10-2025 18:40:42