IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

nd

ON THE 22 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 2516 of 2026 YASHRAJ Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Gaurav Mehta advocate for the applicant.

Shri Ayushman Choudhary public prosecutor for State.

ORDER

1. This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 163/2025, registered at Police Station -Narvar, District Ujjain(M.P.) for offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in judicial custody since 8.12.2025.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application and the relevant material on record.

4. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence merely on suspicion. The illicit liquor was not seized from the active and conscious possession of the applicant. He has not committed the alleged offence. The final report has been submitted on completion of investigation. Applicant has clean past with family roots. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant. Applicant is ready to cooperate in the trial. The alleged offence is not heinous or brutal in nature affecting society at large. 5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, learned counsel fairly states that no criminal antecedent is reported against the applicant. Applicant is aged around 19 years. He is a labourer by profession.

6. According to the accusation on case diary, ASI Bhagwat Narayan Tripathi of the Police Station, Narvar received secret information regarding transportation of illicit liquor on a motorcycle on 8.12.2025 near Palkhanda Narvar Road. Accused Suraj and Yashraj (applicant), the rider and pillion rider of the motorcycle were found with a bag of Vimal Masala and a plastic bag kept on the motorcycle. On search of the bag, country made plain liquor, total quantity 55.8 bulk liters was recovered and seized from joint possession of applicant Yashraj and co-accused Suraj. They could not produce any license or permit for possession of the liquor. The Police Station Narvar registered FIR for offence punishable under Section 34(2) of MP Excise against applicant Yashraj and accused Suraj. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The trial would take time to conclude. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

7. As informed, the applicant is still dependent on family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedents, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. The offence is triable by JMFC. There appears to be no compelling reason to continue incarceration of the young applicant. However, the observations, herein-above, are recorded for present application only.

8. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the young applicant on bail. Thus, the application is allowed.

9. Accordingly, it is directed that applicant-Yashraj shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the same amount to the satisfacti