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NEUTRAL CITATION NO. 2026:MPHC-IND:2592

1 MCRC-14-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

th

ON THE 28 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 14 of 2026

SHAILENDRA

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Aditya Singh Tomar - Advocate for the applicant.

Shri Bhaskar Agrawal-GA appearing on behalf of Advocate

General[r-1].

ORDER

1] They are heard and perused the case diary.

2] This is the applicant's third bail application filed under Section 483

of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is

implicated in connection with Crime No.817/2025 registered at Police

Station Excise Department Circle -B, District-Jhabua (MP) for offence

punishable under Sections 34(1) A and 34(2) of the M.P. Excise Act. The

applicant is in custody since 16.9.2025. His second bail application was

dismissed by this Court vide order dated 18.12.2025 passed in

MCRC.No.57415/2025, with a liberty to renew prayer if the trial is not

completed within a period of six months.

3] The allegation against the applicant is of his involvement in the

present case wherein 3648 bulk liters of unauthorised liquor has been found

Signature Not Verified

Signed by: REENA PARTHO

SARKAR

Signing time: 1/28/2026

4:21:27 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:2592

2 MCRC-14-2026

in the possession of co-accused Billa, who, in his disclosure memo, has

named the present applicant as the person, who provided the aforesaid liquor.

4] Counsel for the applicant has submitted that although the trial has

not been concluded but the seizure witnesses and the Patwari have already

been examined in the trial Court, and they have not supported the case of the

prosecution. It is further submitted that the Patwari has also admitted that the

liquor was seized from the house of the co-accused/Billa, and the same does

not belong to the present applicant.

5] Counsel for the applicant has further submitted that apart from the

disclosure memo of the co-accused/Billa, there is no other evidence available

on record to connect the applicant with the present offence, and he is lodged

in jail since16.9.2025, and the conclusion of the trial will take sufficiently

long time; thus, it is prayed that the bail application be allowed.

6] Counsel for the State has opposed the prayer, and it is submitted

that four criminal antecedents are registered against the applicant, including

three cases under the M.P. Excise Act. Thus, no case for grant of bail is made

out.

7] On due consideration of submissions and on perusal of the case-

diary and taking note of the fact that the applicant is lodged in jail since

16.9.2025 and that even the Patwari has not supported the case of the

prosecution and that apart from the disclosure memo of the co-accused, there

is no other evidence available on record to connect the applicant with the

present offence, this Court is inclined to allow the present application.

8] Accordingly, without commenting on the merits of the case, the

Signature Not Verified

Signed by: REENA PARTHO

SARKAR

Signing time: 1/28/2026

4:21:27 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:2592

3 MCRC-14-2026

application filed by the applicant is hereby allowed. The applicant is directed

to be released on bail upon furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the

like amount to the satisfaction of the trial Court for his/her regular

appearance before the trial Court during trial with a condition that he / she

shall remain present before the court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) Criminal

Procedure Code, 1973.

9] Accordingly, the application is allowed and disposed of.

(SUBODH ABHYANKAR)

JUDGE

das

Signature Not Verified

Signed by: REENA PARTHO

SARKAR

Signing time: 1/28/2026

4:21:27 PM