IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 2617 of 2026 MAHENDRA Versus THE STATE OF MADHYA PRADESH Appearance:

Ms. Sarika Athale advocate for applicant.

Shri Sunit Kapoor 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. 451/2025, registered at Police Station -Ingoriya District Ujjain (M.P.) for offence punishable under Section 4, 6, 9 of MP Govansh Pratishedh Adhiniyam, SEction 11(D) of The Prevention of Cruelty to Animals Act and 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 cow progeny or illicit liquor was not seized from the immediate and conscious possession of the applicant. He was not present on the spot of the seizure. No offence, as alleged, is committed by the applicant. 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 and his family members. 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. Learned counsel refers to one criminal antecedent under the Excise Act against the applicant. Applicant is aged around 41 years and is driver by profession.

6. In reply, learned counsel for the applicant submits that other matter is pending for trial. The applicant has never been convicted.

7. According to the material available on case diary, Head Constable Ashok Katara of the Police Station Ingoriya received secret information that cow progeny is illegally transported in Bolero Pickup vehicle on 30.11.2025. Accordingly, he installed check point on Ujjain Badnagar Road. One Bolero Pickup and Swift Car came at the checking point, but driver of both the vehicles escaped. Police party followed them. The driver of both the vehicles left the vehicle near village Utwas and fled away. On search of Pickup vehicle, five cow progeny (calves ) were found stuffed in cruel conditions. Further, country made raw liquor total quantity 60 bulk liters was recovered from cabin of Bolero Pickup vehicle. On search of Swift Car, country made raw liquor total quantity 30 liters was recovered from a cane kept in the dicky of the car. Accordingly, the Police Station Ingoriya registered FIR for offence punishable under Section 4, 6, 9 of MP Govansh Pratishedh Adhiniyam, Section 11(D) of The Prevention of Cruelty to Animals Act and Section 34(2) of M.P. Excise Act against unknown offender. When the registration details of Swift Car were traced, the registered owner Vinod Rathore informed that he had transferred the vehicle to Mahendra (applicant). Accordingly Mahendra was arrested on 8.12.2025. He is in custody ever since. The final report was submitted on completion of investigation. The trial would take time to conclude. The contentions advanced by the applicant have prima facie merit and cannot be dismissed as manifestly baseless. The fact remains that the illicit liquor or the cow progeny was not seized from the direct and immediate possession of the applicant. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

8. As informed, the applicant has the family responsibility. Considering these aspects, there