Nandu @ Prem Kushwaha vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the applicant seeking grant of bail.

The applicant has been arrested on 21.09.2025 in connection with Crime No. 590/2025 registered at Police Station Kotwali District Datia, for offences punishable under Sections 49(A) of Excise Act and 25(1-b)(a) of Arms Act.

The allegation against the present applicant is that he, along with the co-accused, was found in possession of 15 litres of illicit liquor, which was determined to be unfit for human consumption. Additionally, from the possession of the co-accused, a 12-bore firearm was also seized.

Learned counsel for the applicant respectfully submits that the applicant has been falsely implicated in the present matter and is innocent. He has been in custody since 21.09.2025. The alleged offence is triable by the Judicial Magistrate First Class, and the conclusion of the trial is likely to take 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. Hence, it is prayed that the applicant be enlarged on bail.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection, submitting that the applicant has criminal antecedents of two criminal cases.

Heard counsel for the parties and perused the case diary.

Considering all the facts and circumstances of the case and taking into account the nature of the alleged offence, 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 commenting on merits of the case, this bail 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/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it 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 him;

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

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;

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.

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

Certified copy as per rules.