IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 15 OF OCTOBER, 2024 MISC. CRIMINAL CASE No. 43670 of 2024 MANGLESH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Amish Sanghvi, learned counsel for the applicant.

Shri Amit Raval GA for the respondent/State.

ORDER This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.268 of 2024 registered at Police Station Y.D. Nagar, District Mandsaur (M.P.) for offence punishable under Section 49-A of M.P. Excise Act. Applicant is in judicial custody since

01.08.2024.

As per the case of prosecution, on secret information received on

01.08.2024, Head Constable P.C. Chouhan, PS Y.D. Nagar, District Mandsaur along-with police force, intercepted motorcycle and apprehended present applicant Manglesh and co-accused at Transport Nagar situated near M.P.E.B. Grid. Applicant Manglesh was found in possession of country-made raw liquor total quantity 10 liters. Co-accused Ajeez was driving the motorcycle. The illicit liquor was seized from the joint possession of applicant and co-accused Ajeez. Applicant was arrested on the spot. The liquor was suspected to be unfit for human consumption due to pungent smell. On such allegations, PS Y.D. Nagar, Signature Not Verified Signed by: AMOL District Mandsdaur(M.P.) registered FIR at Crime No.268/2024 for offence punishable under Section 49-A of M.P. Excise Act against the applicant. Applicant is in custody since 01.08.2024. On completion of investigation, Final Report was submitted.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. No offence, as alleged is made out against applicant. Applicant is aged around 27 years. He is a labourer by profession. There is no likelihood of his absconsion leaving his family, home and profession. There is no likelihood of tampering with evidence by applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. Learned counsel referring to FSL report dated 03/10/2024 submitted that 12.55 % ethanol alcohol, sediments and traces of Copper Sulphate and Ammonium Chloride were found in the sample. It was opined by Scientific Officer that the liquor sample is unfit for human consumption. Learned counsel further cites one criminal antecedent against the applicant.

In reply, learned counsel for the applicant submits that the other matter is pending for trial and the appellant has never been convicted. He further submits that quantity of alleged substance Copper Sulphate and Ammonium Chloride is not revealed in the FSL report, therefore, the illicit liquor cannot be treated as life threatening or poisonous. No such opinion is available.

Signature Not Verified Signed by: AMOL Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Manglesh shall be released on bail in relation to Crime No.268 of 2024 registered at Police Station Y.D. Nagar, District Mandsaur (M.P.) for offence punishable under Section 49-A of M.P. Excise Act, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every da