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

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ON THE 20 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 1036 of 2026 DEEPAK Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Shubham Kusumkar 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.729/2025, registered at Police Station -Station Road Ratlam, District Ratlam(M.P.) for offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in judicial custody since 27.12.2025.

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 information of co-accused in police custody and his own incriminating statement before police which are not admissible in evidence. The illicit liquor was not seized from the active and conscious possession of the applicant. He has not committed the alleged offence. The investigation is almost complete. Further custodial interrogation of the applicant is not required in the matter. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the young applicant and his family members. Applicant is ready to cooperate in the further investigation/ trial.

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.

6. According to the material available on case diary, S.I. Devendra Singh of P.S. Station Road Ratlam Distt. Ratlam intercepted a white Maruti car bearing registration no. GJ 09 BB 1064 at Khachrod main road to verify the secret information on 07.09.2025. On search of the car, country made foreign liquor - total quantity 48 bulk litres and country made masala liquor - total quantity 09 bulk litres was recovered from the dicky of the car. The illicit liquor and the Maruti car was seized from the joint possession of Hitendra and Rohan. They could not produce any permit or license. Hitendra and Rohan were arrested on the spot on 07.09.2025. Rohan informed that Deepak has provided him illicit liquor. Accordingly Deepak was arrested on 27.12.2025. He is in custody ever since. No incriminating material was seized from the applicant during investigation till date. 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 aged around 23 years and is a labourer by profession. 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 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 applicant on bail. Thus, the application is allowed.

9. Accordingly, it is directed that applicant-Deepak 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 satisfaction of the Trial Court, for compliance with the following condition