Ashish Badgujar vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the second bail application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.324/2025 registered at Police Station - Excise Circle No.3(A), District Bhopal (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 04.10.2025.

The first application of applicant was dismissed as withdrawn with liberty to renew the prayer of bail after recording the evidence of seizure witnesses vide order dated 07.01.2026 passed in MCRC. No.59008/2025.

As per the prosecution story, on receiving information from the informant Police made a search and recovered 72 bulk liter illicit liquor from possession of applicant. Therefore, the offence has been registered against the present applicant under the aforesaid section.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He is in jail since 04.10.2025. The seizure witnesses are not appearing before the Trial Court for evidence. Offence is triable by J.M.F.C. Charge sheet has been filed. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant may be released on bail.

On the other hand, learned counsel for State has opposed the grant of bail to the applicant and prayed for it's rejection.

Having taken into consideration all the facts and circumstances of the case, but without commenting on merits of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of B.N.S.S.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.