Bhavesh vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the first application filed by the applicant under Section 483 of B.N.S.S. for grant of bail. The applicant has been arrested in connection with Crime No.154/2025 registered at Police Station - Tirla, District - Dhar (M.P.) for the offence under Section 34(2) of the Excise Act.

As per the prosecution case, applicant is involved in the present case wherein 324 bulk liter of illicit liquor (Beer) has been seized.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He is in custody since 13.12.2025. Investigation is almost over. No liquor has been seized from the custody of the present applicant. Main accused Sumersingh has already been enlarged on bail vide order dated 03.09.2025 passed in M.Cr.C. No.37250/2025 vide order dated 03.09.2025 by co-ordinate Bench of this Court. Present applicant is registered owner of the seized vehicle in which the alleged liquor has been transported. There is no requirement of further custodial interrogation of the applicant. Further argument is that offence is triable by the JMFC and trial is likely to take long time to conclude. The applicant does not bear any criminal history. Applicant is the permanent resident of District - Dhar (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail.

On the other hand, learned State counsel vehemently opposed the bail application and prayed for its rejection.

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, 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/Committal 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.

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.

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

Certified copy as per rules.