IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 29 OF NOVEMBER, 2024 MISC. CRIMINAL CASE No. 49935 of 2024 PHOOLSINGH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ahsan-Uz-Zaman Siddique - Advocate for the applicant. Shri Apoorv Joshi - Govt. Advocate for the respondent/State.

ORDER This first bail application has been filed by applicant under Section

483 of B.N.S.S., 2023/439 of Cr.P.C. for grant of bail in connection with Crime No.442/2024 registered at Police Station, Taran District Ujjain(M.P.) for an offence punishable under Sections 49(A) of M.P. Excise Act. The applicant is in judicial custody since 22.09.2024.

As per the case of prosecution, on 22.09.2024, Head Constable No.

225 Badrilal of Police Station Taran., Distt. Ujjain while patrolling, received secret information that a person carrying a plastic cane containing country made liquor is standing near Kanipura Road, Lasudia Bechar Phanta at Mataji Gate. Police squad reached the spot and intercepted the applicant. The applicant was found to be in possession of 05 bulk liters of liquor suspected to be unfit for human consumption. On such allegations, offence punishable under Section 49(A) of M.P. Excise Act was registered at Crime Signature Not Verified No. 442/2024 by Police Station Tarana Distt. Ujjain and applicant was arrested on 22.09.2024. Statements of witnesses have been recorded. Relevant seizures have been made. After completion of investigation, final report was submitted. However, FSL report with regard to seized liquor is awaited.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter. The offence punishable u/S 49A of M.P. Excise Act is registered without chemical analysis of the seized liquor merely on suspicion by the Investigating Officer. The Investigating Officer is not an expert to determine that the liquor was unfit for human consumption. Therefore, no offence as alleged is made out against the applicant. Learned counsel further submits that applicant is aged around 29 years. He is Agriculturist by profession. There is no likelihood of his absconsion leaving behind his family, home and profession. There is no likelihood of tampering with evidence by the applicant. No further custodial interrogation is needed. Jail incarceration is causing hardship to the applicant and his family. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned counsel for State opposes the bail application on the ground of gravity of alleged offence and cites criminal history of four cases against the applicant.

In reply, learned counsel for the applicant makes a statement at the Bar that in two matters, applicant has been acquitted and two other matter are Signature Not Verified pending for trial. Applicant does not have criminal antecedent of similar nature and he has not been convicted for any offence.

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- Phool Singh S/o Suraj alias Suresingh shall be released on bail in connection with Crime No. 442/2024 registered at Police Station Taran District Ujjain(M.P.) for an offence punishable under Sections 49(A) of M.P. Excise Act, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions.( F o r 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 date of hearing as m