IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 18TH OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 50513 OF 2025 JITENDRA SINGH AND ANOTHER Versus STATE OF MADHYA PRADESH Appearance:

Shri Tarun Kushwaha advocate for the applicants.

Shri Romil Verma, public prosecutor for the respondent/State.

ORDER

Sub Inspector Shantilal Chouhan of the Police Station, Shivgadh, District Ratlam present in person.

2. 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.313/2025 registered at Police Station- Namli, District Ratlam (M.P.) for offence punishable under Section 34(2) of the M.P.

Excise Act. Applicants are in judicial custody since 16.10.2025.

3. Heard the arguments.

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

5. 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 on the basis of unvarified secret information and information of coaccused Banesingh in Police custody. They have not committed the alleged offence. The illicit liquor was not recovered from the direct and immediate possession of the applicants. The house, wherefrom the illicit liquor was seized, does not belong to the applicants. The final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicants. Jail incarceration on false allegation is causing hardship to the applicants. Applicants are ready to cooperate in the trial.

6. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel for the State refers to three criminal antecedents against applicants, as mentioned in the case diary.

7. In reply, learned counsel for the applicants submits that both the applicants have been acquitted in relation to FIR at crime No. 114/2024 vide order dated 11.10.2025 passed in RCT No. 1004/2024; the applicant Vijendra has been acquitted vide order dated 16.1.2025 passed in special Case no. 155/2022. Aplicant Jitendra was sentenced to imprisonment of TRC and fine for offence punishable under Section 34(1) of MP Excise Act. Other matters relating to FIR No. 134/2021 and FIR No. 101/2021 against both the applicants are pending. They have not been convicted for any major offence.

8. As per material on record, the Police force of the Police outpost, Bangrod conducted a raid at village Ringaniya on 21.7.2025 to verify the secret information. Police force conducted raid at a dilapidated house of Bane Singh. The village watchman (Kotwar) Sarfraz Khan informed that dilapidated house belongs to Bane Singh. On search of the house, after breaking open the lock on the door, country made plain and Masala liquor, and country made foreign liquor total quantity 1386 bulk liters was recovered and seized. It was informed that the liquor was stored by Vijendra Singh and Jitendra Singh in the dilapidated house of Bane Singh. The Police Station, Namli registered FIR for offence punishable under Section 34(2) of the MP Excise Act against Bane Singh, Vijendra Singh and Jitendra Singh. The accused were searched but no information was received. The details with regard to the dilapidated house were requisitioned. It was informed that according to the property tax register of Gram Panchayat Hatnara, the house belongs to Bane Singh. Banesingh informed that Jitendra and Vijendra were his associate in collection and storage of illicit liquor. The final report was submitted on completion of investigation.

9. This Court vide order dated 18.08.2025 passed in MCRC No.36169/2025 had directed the investigation officer to comply with the guidelines laid down in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10