IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 4078 of 2026 JAMA KHA @ JAMAL Versus THE STATE OF MADHYA PRADESH Appearance:

Shri O.P. Solanki - Advocate for the applicant.

Shri Hemant Sharma - Govt. Advocate for the respondent/State.

ORDER

1. They are heard. Perused the case diary / challan papers.

2. This is the applicant's first 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.467/2025 registered at Police Station Bagdun, Pithampur, District- Dhar (MP) for offence punishable under Section 34(2) of M.P. Excise Act, 1915. The applicant is in custody since 19.01.2026.

3. The allegation against the applicant is of his involvement in the aforesaid case, wherein 3148 bulk liters of unauthorized liquor has been seized from the possession of co-accused Noor Mohammad on 23.10.2025, who has disclosed the names of the co-accused persons and the present applicant stating that the aforesaid liquor was to be delivered to the present applicant and co-accused Deepak Choudhary.

4. Counsel for the applicant has submitted that apart from disclosure memo of the co-accused, there is no other evidence available on record to connect the applicant with the offence. Co-accused Deepak Choudhary has already been released on bail vide order dated 19.11.2025 passed in M.Cr.C. No.50669/2025 and the case of the applicant is identical to that of Deepak Choudhary. The applicant is lodged in jail since 19.01.2026 and the final conclusion of trial is likely to take sufficient long time. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer and submitted that one criminal antecedent of same nature is registered against the applicant.

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

diary, that apart from disclosure memo there is no other material available against the applicant on record to connect him with the present offence, as also the order dated 19.11.2025, passed in M.Cr.C. No.50669 of 2025 in favour of co-accused Deepak Choudhary, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the 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.

8. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE sumathi