Arvind vs State Of Madhya Pradesh

Amit Seth, J

This is the first application filed by the applicant under Section 483 of the BNSS for grant of bail relating to Crime No.56/2025 registered at Police Station Bajna, District Chhatarpur (M.P.) for the offence under Section 34(2) of the Excise Act.

2 . Allegation against the present applicant is that 108 bulk liters of illicit liquor has been seized from the possession of present applicant, for which, he was not having any valid and effective license.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He has not committed any offence. He is in custody since 16.12.2025. He further submits that liquor has been seized from an open place and he has been arrayed as accused on the basis of his memorandum. He is ready and willing to abide by any condition which may be imposed by the Court. The applicant is the permanent resident of District Morena (M.P.). There is no possibility of his absconsion or tampering with the prosecution evidence. Conclusion of trial will take time.

On these grounds, learned counsel prays for grant of bail to the applicant.

Per contra, learned counsel for the State opposed the bail application and submits that the applicant is having criminal antecedent of one case for the offences under Section 34(1) of the Excise Act. Accordingly, he prays for rejection of the bail application.

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

6 . Having considered the rival submissions and attending facts and circumstances of the case, this Court is of the view that applicant may be granted bail. Hence, without commenting anything on the merits of the case, the application is allowed. 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) with a solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

7 . 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;

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

iii) The applicant will not indulge himself 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 facts 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. In case, if he is found involved in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

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

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

8 . Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.