AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjeev S Kalgaonkar, J
This first application has been filed by applicants under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No.163/2025 registered at Police Station-Narwar, District-Ujjain(M.P.) for offence punishable under Section 34(2) of the M.P. Excise Act. Applicant is in judicial custody since 08.12.2025.
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 merely on suspicion. The illicit liquor was not seized from the active and conscious possession of the applicant. He has not committed the alleged offence. The final report has been submitted on completion of investigation. Applicant has clean past with family roots. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant. Co-accused Yashraj has been extended benefit of bail vide order dated 22.01.2026, passed in M.Cr.C. No.2516/2026. 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 opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, learned counsel fairly states that no criminal antecedent is reported against the applicant. Applicant is aged around 27 years. He is a labourer by profession.
According to the accusation on case diary, ASI Bhagwat Narayan Tripathi of the Police Station, Narvar received secret information regarding transportation of illicit liquor on a motorcycle on 8.12.2025 near Palkhanda Narvar Road. Accused Suraj(applicant) and Yashraj, the rider and pillion rider of the motorcycle were found with a bag of Vimal Masala and a plastic bag kept on the motorcycle. On search of the bag, country made plain liquor, total quantity 55.8 bulk liters was recovered and seized from joint possession of co-accused Yashraj and applicant Suraj. They could not produce any license or permit for possession of the liquor. The Police Station Narvar registered FIR for offence punishable under Section 34(2) of MP Excise against applicant Suraj and co-accused Yashraj. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The trial would take time to conclude. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.
As informed, the applicant has responsibility of the dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedents, 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. Co-accused Yashraj has been extended benefit of bail vide order dated 22.01.2026, passed in M.Cr.C. No.2516/2026. 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-Suraj 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.50,000/- (Rupees Fifty 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.