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

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ON THE 3 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 5296 of 2026 DEEPAK AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Amish Sanghvi, Advocate for the applicants.

Shri Ayushyaman Choudhary, Govt. Advocate for the respondent/State.

ORDER

1. This first application has been filed by applicants under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No.18/2026, registered at Police Station-Raoti, District-Ratlam(M.P.) for offence punishable under Section 34(2) of the M.P. Excise Act. Applicants are in judicial custody since 08.01.2026.

2. Heard the arguments.

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

4. Learned counsel for the applicants, in addition to the grounds mentioned in the application, submits that the applicants are falsely implicated in the alleged offence. The illicit liquor was not seized from the active and conscious possession of the applicants. They have not committed the alleged offence. The investigation is almost complete. Applicants have clean past with family roots. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicants. Jail incarceration is causing hardship to the applicants. Applicants are 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. However, after going through the case diary, learned counsel fairly states that no criminal antecedents are reported against the applicants. Applicant No.1 Deepak are aged around 18 years and applicant No.2 - Dharamraj is aged around 19 years. They are labourers by profession.

6. According to the accusation on case diary, SI Prem Singh Hatila of P.S. of the Police Station, Raoti, District Ratlam(M.P.) received secret information regarding transportation of illicit liquor on a motorcycle bearing registration No.MP43ZA2167, on 8.01.2026. Accused Deepak(applicant No.1) and Dharamraj(applicant No.2), the rider and pillion rider of the motorcycle were found with a plastic bag kept on the motorcycle. On search of the bag, country made plain liquor, total quantity 60 bulk liters was recovered and seized from joint possession of applicants/accused Deepak and Dharamraj. They could not produce any license or permit for possession of the liquor. The Police Station Raoti registered FIR for offence punishable under Section 34(2) of MP Excise against the applicants. The contentions advanced by the applicants have prima-facie merit and cannot be dismissed as manifestly baseless. 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 applicants are still dependent on their family and survives on occasional labour work. 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 the 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 applicants No.1 - Deepak and No.2 Dharamraj shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon