Arnesh Alias Chhotu vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is first application filed by the applicant under Section 483 of the B.N.S.S. for grant of bail. The applicant has been arrested in connection with Crime No.774/2025 registered at Police Station -Karera, District - Shivpuri (M.P.) for the offence under Sections 34(2) of M.P. Excise Act.

As per the prosecution case, the allegation against the present applicant is that 60 bulk liters of illicit liquor was seized from the possession of the present applicant for which he had no valid licence.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 07.11.2025. The alleged liquor has already been seized, therefore, this is no requirement of custodial interrogation. Investigation is almost complete. The charges is triable by JMFC. There is no criminal antecedents of same nature against the present applicant . The applicant is permanent resident of District Shivpuri (M.P.), therefore, there is no likelihood of his absconding or tampering with the prosecution evidence. It is further submitted that applicant is ready and willing to abide by all the terms and conditions imposed by this Court. No further custodial interrogation is required in the matter. Conclusion of the trial will take sufficiently long time. Hence, prayed for grant of regular bail to the applicant.

Learned counsel for the State has vehemently opposed the prayer and prayed for its rejection on the ground of criminal antecedents.

Heard learned counsel for the rival parties and perused the case diary.

Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case and the nature of offence, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

ii) The applicant will cooperate in the investigation /trial, as the case may be;

iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future.

vi) The applicant will not seek unnecessary adjournments during the trial; and

vii) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application is allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.