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

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 4302 of 2026 RAMCHARAN @ SAGAR Versus STATE OF MP Appearance:

Shri Omprakash Solanki - Advocate for the applicant. Shri Ayushyaman Choudhary - Govt. Advocate for the respondent/State.

ORDER 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

05.12.2025.

Heard the arguments.

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

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. The co-accused Mahendra has been extended benefit of bail vide order dated 21.01.2026 passed in M.Cr.C. No. 2617/2026. Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers to 07 criminal antecedent against the applicant. Applicant is aged around 41 years and is driver by profession.

In reply, learned counsel for the applicant submits that applicant stands acquitted in Crime No. 149/2015, 216/2015, 160/2015, 30/2023, 448/2016 vide orders dated 25.03.2017 passed in RCT No. 500/15, 06.07.2022 passed in RCT No. 300813/2015, 28.08.2019 passed in RCT No. 400499/2015, 28/10.2025 passed in S.T. no. 20/2024 and 19/12/2025 passed in RCT No. 190/2017. In Crime No. 208/2016, applicant was sentenced to fine of Rs. 100 vide order dated 11.07.2016 passed in RCT No. 651/2016 and in Crime No. 101/2013, applicant was sentenced to Fine of Rs. 1,000/-. No prosecution is pending against the applicant.

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 Bolero Pick up vehicle were traced. The registered owner Amit Kushwah informed that he had transferred the vehicle to Ramcharan(applicant). Accordingly Ramcharan was arrested on 05.12.2025. He is in custody ever since. The final report was submitted on comp