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NEUTRAL CITATION NO. 2025:MPHC-IND:37804

1 MCRC-58885-2025

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. 58885 of 2025

DHEERAJ

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Hariom Choudhary - Advocate for the applicant.

Shri Virendra Khadav - Govt. Advocate for the respondent / State.

ORDER

This is the first bail application filed by the applicant under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The

applicant has been arrested on 27/11/2025 in connection with Crime

No.312/2025 registered at Police Station - Manpur, District - Indore (M.P.)

for the offence under Section34(2) and 46 of M.P. Excise Act, 1915.

2. As per the prosecution case, the allegation against the present

applicant is that 360 bulk liters of illicit liquor was seized from the his

possession for which he had no valid licence.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in this case. The applicant is in

custody since 27/11/2025. Investigation is over and charge-sheet has already

been filed. The offence is triable by JMFC. The applicant is permanent

resident of District Dhar (M.P.), therefore, there is no likelihood of his

Signature Not Verified

Signed by: TEJPRAKASH

VYAS

Signing time: 12/24/2025

5:43:24 PM

NEUTRAL CITATION NO. 2025:MPHC-IND:37804

2 MCRC-58885-2025

absconding or tampering with the prosecution evidence. He has no previous

criminal antecedent. 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 on

the basis of criminal record and prayed for its dismissal, however, he fairly

submitted that applicant has no criminal antecedent.

5. Heard learned counsel for the rival parties.

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

parties and looking to the facts and circumstances of the case and the nature

of offence, 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.

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: TEJPRAKASH

VYAS

Signing time: 12/24/2025

5:43:24 PM

NEUTRAL CITATION NO. 2025:MPHC-IND:37804

3 MCRC-58885-2025

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.

v) The applicant shall mark his presence before the police station

st

concerned on 1 Sunday of every month till the conclusion of the trial,

failing which this bail application shall automatically cancelled.

vi) 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.

vii) The applicant will not seek unnecessary adjournments during the

trial; and

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

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

8. Application is all