The court grants bail under specific conditions due to absence of criminal history and ongoing investigations.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH th ON THE 17 OF JULY, 2025 MISC. CRIMINAL CASE No. 32008 of 2025 SITARAM ADIVASI Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Madan Singh - Advocate for the applicant.

Shri Mayur Gulatee - Panel Lawyer for the State of M.P.

ORDER This is first bail application filed on behalf of the applicant under Section 483 of BNSS 2023 (Section 439 of the Cr.P.C.).

2. The applicant is in custody since 27.06.2025 in connection with Crime No.185/2025 registered at P.S.- Kesli, District Sagar, (M.P.) for the offence punishable under Sections 34(2) of MP Excise Act , 1915.

3. Prosecution story, in brief, is that on information given by an informant to the effect that four persons were coming towards Nanhi Deori having 180 bulk litres of liquor of country made liquor. The Police confronted them and tried to stop the vehicle but the vehicle did not stop. The Police personnel chased the vehicle. In the meanwhile, Driver and two other persons ran away from the vehicle but fourth person namely Sitaram Adivasi i.e. the present applicant was caught and on checking the vehicle twenty cartoons were recovered of khaki colour each having 50-50 quarters. In total 1000 quarters of country made liquor worth of Rs.1,00,000/- was Signature Not Verified Signed by: BASANT KUMAR being transported without any proper documentation, whereon a case as mentioned above has been registered against him.

4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He is in jail since 27.06.2025. There is no criminal history against the applicant. Therefore, it is prayed that the applicant be released on bail pending the trial.

5. On the other hand, learned counsel for the State opposes bail application. He submits that matter under investigation. Three persons are absconding and charge sheet has not been filed but he fairly submits that as per case diary there is no criminal history against the applicant.

6. Considering the arguments advance by learned counsel for the parties, this court is inclined to release the applicant on bail. Consequently, bail application under Section 483 of BNSS for grant of bail filed on behalf of applicant is allowed.

7. It is directed that applicant namely Sitaram Adivasi, S/o Nanhebhai Adivasi be released on bail on his furnishing one personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with two sureties of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480 (3) of Bharatiya Nagarik Suraksha Sanhita , 2023.

8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become Signature Not Verified Signed by: BASANT KUMAR ineffective. It is also made clear that if the applicant is found involved in similar nature of offence in future, then, bail granted today by this Court shall stand cancelled without further reference to the Bench.