IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 8 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 595 of 2026

RINKU BAGHEL

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Rameshwar Rawat - Advocate for applicant.

Shri Mohit Shivhare - Public Prosecutor for respondent/State.

ORDER First Class, and the conclusion of the trial is likely to take a considerable period of time. The applicant is a permanent resident of District Gwalior and there is no likelihood of the applicant absconding or tampering with the prosecution evidence or influencing witnesses. In view of the aforesaid facts and circumstances, it is prayed that this Court may be pleased to enlarge the applicant on bail, in the interest of justice.

Case diary is not available but looking to the nature of offence alleged,

this case is being decided based on order of lower court.

This is first application under Section 483 of BNSS filed by the

applicant for grant of bail.

The applicant has been arrested on 07.12.2025 by Police Station-

Karhiya, District Gwalior in connection with Crime No.109/2025, registered

in relation to the offence punishable under Section 34(2) of Excise Act. The allegation against the present applicant is that 65 litres of illicit

liquor were seized from his possession.

Learned counsel for the applicant most respectfully submits that the

applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been in judicial custody since 07.12.2025. The alleged offence is triable by the Court of Judicial Magistrate

On the other hand, learned counsel for the State vehemently opposed the bail application and prayed for its rejection, submitting that the applicant has criminal antecedents of two criminal cases, out of which one case is of similar nature.

Heard learned counsel for the rival parties.

Considering the totality of the facts and circumstances of the case, the nature of allegations coupled with the fact that prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules. (MILIND RAMESH PHADKE)

JUDGE