High CourtsSingle Bench

Bantu vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 9 September 2025 · Citation: (2025) 09 MP CK 1131

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 · Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed/ Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 40542 Of 2025
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Judgment

10 paragraphs · 439 words

Subodh Abhyankar, J

1] They are heard. Perused the case diary/challan papers.

2] This is the applicant's second bail application filed under Section 483 of B.N.S.S., 2023/439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.517/2024 registered at Police Station Daloda District- Mandsaur(MP) for offence punishable under Section 34(2) of the M.P. Excose Act The applicant is in custody since 28.7.2025. His first application was dismissed as withdrawn with liberty to renew prayer after the eizure witnesses are examined in the trial Court by this Court vide order dated 21.8.2025 passed in MCRC.No.36627/2025.

3] Allegation against the applicant is that he was involved in the present case wherein 65 bulk liters of liquor has been seized from the possession of co-accused person Rohan and Dhanesh wherein it is alleged that the applicant happens to be the owner in which the aforesaid liquor was being transported.

4] Counsel for the applicant has submitted that the applicant is lodged in jail since 19.06.2025 and the final conclusion of trial is likely to take sufficient long time, and that the co-accused Rohan, who has already been granted bail by this Court vide order dated 19.12.2024 passed in MCRC.No.53726/2024 and co-accused Dhanesh has also been granted bail by the coordinate Bench of this Court in MCRC.No.55901 of 2024 vide order dated 6.1.2025. Hence, it is submitted that the bail application may be allowed.

5] Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that there are four cases under section 34(2) of Excise act and two cases under IPC has been registered against the applicant. 6] Having considered the rival submissions and on perusal of the case diary, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] However, looking to the criminal antecedents of the applicant, he is directed to mark his presence before the concerned police station on every Sunday between 12:00 Noon to 4:00 PM.

9] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.