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Judgment
Sanjeev S Kalgaonkar, J
This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 624/2025 registered at Police Station Neelganga District Ujjain(M.P.) for offence punishable under Sections 34(1) & 49A of the M.P. Excise Act. Applicant is in judicial custody since 31.12.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.
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. He has not committed the alleged offence. The illicit liquor was not recovered from active and conscious possession of the applicant.
Investigation Officer is not an expert to determine that the liquor was unfit for human consumption. Final report has been filed on completion of investigation. The FSL report is not received. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the young applicant. Applicant is ready to cooperate in the trial. The alleged offence is not heinous or brutal in nature affecting society at large.
Per contra, learned counsel for the State opposed the application on the ground of gravity of alleged offence. Learned counsel for the State refers to 03 criminal antecedents against the applicant, as mentioned in the case diary. The applicant is aged 22 years. He is a labourer by profession.
In reply, learned counsel for the applicant submits that all the three matters are pending for trial. The applicant has never been convicted for any offence.
According to the material available on case diary, Head Constable Piyush Mishra of P.S. Neelganga intercepted applicant near Vakankar Bridge on 31.12.2025 to verify secret information. One white colour plastic cane containing 05 liters of liquor was recovered and seized from the possession of the applicant. The liquor was suspected to be unfit for human consumption. The applicant Kunal alias Chotu Dhanuk was apprehended on the spot. The chemical analysis report is awaited. The contentions advanced by the applicant has prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution will be determined after evidence in the trial.
As informed, the applicant is still dependent on his family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any substantial criminal past and previous conviction for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or tampering with evidence or influencing the witnesses by the applicant. The offence is triable by JMFC. There appears to be no compelling reason to continue incarceration of the young applicant. However, the observations, herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the young applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant - Kunal alias Chotu Dhanuk shall be released on bail in connection with Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety of the same amount to the satisfaction of the trial Court, for compliance with the following conditions :(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the trial Court may consider, on merit, cancellation of bail without any impediment from this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he/she had explained the conditions to the concerned accused or the surety.
C.C. as per rules