Madhya Pradesh High Court
Suresh vs The State Of Madhya Pradesh on 26 May, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:13882
1 MCRC-21591-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 26th OF MAY, 2025
MISC. CRIMINAL CASE No. 21591 of 2025
SURESH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rohit Chapariya - Advocate for the applicants.
ShriAnirudh Malpani - Government Advocate for the respondents
State.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed by the applicant no.1 Suresh & applicant no.2 Naval for grant of regular bail, who has been arrested on 02/03/2025 in connection with Crime No.97/2025 registered at Police Station Excise Circle Kukshi, District Dhar (M.P.) for commission of offences under Section 34(2) of the M. P. Excise Act, 1915.
Prosecution story, in brief is that during routine check up near Sil Kua Shitlamata Mandir, applicants were found in possession of 189 bulk litres of illicit liquor, without having any licence or authority. The police had seized the aforesaid liquor from the possession of the applicants. Accordingly, a crime was registered against them.
Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 26-05-2025 18:37:10NEUTRAL CITATION NO. 2025:MPHC-IND:13882 2 MCRC-21591-2025
3. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the crime. Applicants are suffering jail incarceration since 02/03/2025. They are single bread earner in their family. They are permanent resident of District Dhar. Conclusion of the trial will take considerable long time, therefore, learned counsel prays for allowing the bail application and for grant of bail.
4. Per contra, learned counsel for the respondent / State has vehemently opposed the prayer and prays for dismissal of the bail application.
5. Heard learned counsel for the parties and perused the case diary.
6. In the aforesaid factual backdrop, this Court is inclined to grant benefit of bail to the applicants. Accordingly, without commenting on the merits of the case, the bail application is allowed.
7. It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate solvent surety in the like amount to the satisfaction of the trial Court, for their regular appearance before the concerned Court on all the dates fixed by the said Court, without any default, during trial. They shall abide by all the conditions enumerated under Section 480(3) of BNSS.
8. The applicants will not indulge himself in any criminal activity in future. This order shall be effective till the end of the trial, however, in case of bail jump and / or breach of any of the conditions of bail, the prosecution will be at liberty to move appropriate application for cancellation of bail.
9. The concerned Court shall get the conditions reproduced on the Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 26-05-2025 18:37:10 NEUTRAL CITATION NO. 2025:MPHC-IND:13882 3 MCRC-21591-2025 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.
10. Accordingly, this M.Cr.C. stands allowed and disposed off. Certified copy as per rules.
(GAJENDRA SINGH) V. JUDGE rashmi Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 26-05-2025 18:37:10