Bhavna Kanjar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application under Section 483 of the BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 11.12.2025 in connection with Crime No.488/2025 registered at Police Station Excise, Circle Datia (A) District Datia for offences punishable under Sections 34 (1)(A), 49(A) of Excise Act.

As per the prosecution case, 30 bulk liters of illicit liquor were seized from the possession of present applicant and other co-accused.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been in judicial custody since 11.12.2025. The alleged offence is triable by the Judicial Magistrate First Class, and the conclusion of the trial is likely to take a considerable time. The applicant is a permanent resident of District Datia, and there is no likelihood of his absconding or tampering with the prosecution evidence. In these circumstances, it is prayed that the applicant be enlarged on bail.

On the other hand, learned counsel for the State vehemently opposed the bail application and prayed for its rejection submitting that the applicant has criminal history of 02 cases.

Heard learned counsel for the rival parties and perused the case diary. Considering the overall facts and circumstances of the case and nature of allegations, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court.

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

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

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

The applicant will not indulge 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 facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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

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

It is further directed that in case, if it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerning trial Court immediately and in case, if he does not surrender, then the trial Court shall be at liberty to take him into custody.

A copy of this order be sent to the concerned Court for compliance. Certified copy as per rules.