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NEUTRAL CITATION NO. 2025:MPHC-IND:37777

1 MCRC-59640-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

th

ON THE 24 OF DECEMBER, 2025

MISC. CRIMINAL CASE No. 59640 of 2025

SMT. KIRAN

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Tuljesh Goyal - Advocate for the petitioner [P-1].

Shri Apoorv Joshi - Govt. Advocate for the respondent/State.

ORDER

This is first application filed under Section 439 of Cr.P.C./483 of

BNSS 2023 for grant of bail to the applicant in connection with Crime No.

599/2025 registered at Police Station - Neelganga, District - Ujjain (M.P.) for

the offence punishable under Sections 34(1) and 49-A of Excise Act.

2. As per the prosecution case, 5 litres of conutry-made poisonous

illicit liquor has been found from the possession of the applicant.

3. Learned counsel for the applicant submitted that applicant is

innocent and has been falsely implicated. He is in custody since 16.12.2025.

Since charge-sheet has already been filed and investigation is over, therefore,

there is no requirement of further custodial interrogation of the applicant.

Further argument is that offence is triable by the JMFC and trial is likely to

take long time to conclude. Applicant is the permanent resident of District -

Ujjain (M.P.) and there is no possibility of his absconsion or tampering with

Signature Not Verified

Signed by: SUMATHI

JAGADEESAN

Signing time: 24-12-2025

17:57:17

NEUTRAL CITATION NO. 2025:MPHC-IND:37777

2 MCRC-59640-2025

the prosecution evidence, if released on bail. Applicant does not bear any

criminal or tainted backgrounds. It is further submitted that applicant is

ready and willing to abide by all the terms and conditions imposed by this

Court. No further custodial interrogation is required in the matter.

Conclusion of the trial will take sufficiently long time. Hence, prayed for

grant of regular bail to the applicant.

4. Learned counsel for the State has vehemently opposed the prayer

and prayed for its dismissal.

5. Heard learned counsel for the rival parties and perused the case

diary.

6. Considering the above submissions made by the counsel for the

parties and looking to the facts and circumstances of the case, but without

expressing any opinion on merits of the case, this application is allowed and

it is directed that the applicant be released on bail on furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one

solvent surety in the like amount to the satisfaction of the trial

Court/Committal Court.

7. This order will remain operative subject to compliance of the

following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the

bond executed by him/her;

ii) The applicant will cooperate in the investigation /trial, as the case

may be;

iii) The applicant will not indulge himself /herself in extending

Signature Not Verified

Signed by: SUMATHI

JAGADEESAN

Signing time: 24-12-2025

17:57:17

NEUTRAL CITATION NO. 2025:MPHC-IND:37777

3 MCRC-59640-2025

inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade him/her from disclosing such acts to the Court or to

the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat

the offence in future. In case offence of same nature is repeated, this bail

order shall automatically stand cancelled;

v) It is made clear that if the FSL report is found positive and the

liquor is found poisonous/unfit for human consumption, then this bail order

shall stand automatically cancelled and the applicant shall surrender before

the concerned court immediately.

vi) The applicant will not seek unnecessary adjournments during the

trial; and

vii) The applicant will not leave India without previous permission of

the trial Court/Investigating Officer, as the case may be.

8. Application is allowed and disposed of.

9. E- copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(RAJESH