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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. 452/2025 registered at Police Station- Unhel, District Ujjain(M.P.) for offence punishable under Section 49-A of the M.P. Excise Act. Applicant is in judicial custody since 20/11/2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary available on ICJS 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. The Investigation Officer is not an expert to determine that the liquor was unfit for human consumption. The 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 applicant and dependent family. Applicant is ready to cooperate in the trial.
Per contra, learned counsel for the State opposed the application on the ground of gravity of alleged offence. Learned counsel further refers to one criminal antecedent against the applicant, as mentioned in the case diary.
In reply, learned counsel for the applicant submits that other matter relating to Crime no. 138/2021 for offence punishable under section 188 of the IPC is disposed of on payment of fine. No prosecution is pending against the applicant.
According to the material available on case diary, ASI Narendra Singh Bhuriya of Police Station - Unhel, District - Ujjain along with police intercepted applicant - Nadeem Beg @ Sonu to verify the secret information on 20/11/2025. The country-made raw liquor total quantity - 5 bulk litres was recovered and seized from the possession of the applicant. The liquor was suspected to be unfit for human consumption. He was apprehended on the spot. The chemical analysis report is still awaited. The veracity of prosecution and complicity of the applicant in the alleged offence will be determined after evidence in the trial.
As informed, the applicant is aged 28 years. He is labourer by profession and has family responsibilities. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of 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 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 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 applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant - Nadeem Beg @ Sonu 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.