Deepak vs State Of Madhya Pradesh

Alok Awasthi, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to Crime No.163/2026 registered at Police Station- Naugaon, District- Dhar (M.P.) for the offence under Section 34(2) and 46 of M.P. Excise Act, 1915 . Applicant is in custody since 16.05.2026.

Prosecution story in brief is that, on 15.05.2026, police received a secret information that One Baleno Car bearing registration number M.P.-09-ZP-5013 met with an accident near newly constructed railway over bridge and car is loaded with illicit liquor. On this, police party reached there and found that car is in accidental condition and two persons sitting in the car and due to accident the door were not in condition to open. The police party inquired and found that driver of vehicle is Deepak and Prince was sitting in front seat of car. The vehicle brought to police station premises. During search of Car, police found total 33 boxes of Super strong beer having 396 bulk liters of illicit liquor. Upon asking about the permit and license of contraband from accused person, no permit and license in relation to the contraband was found. On this, police seized the said illicit liquor. Applicant and co-accused was arrested, alleged seizures were made and a formal F.I.R. was registered against the accused person u/s 34(2) of M.P. Excise Act. Presently, investigation is almost completed and charge-sheet is likely to be filed.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 16.05.2026. The offence is exclusively triable by the Court of Judicial Magistricate First Class. Conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent/State opposes the bail application and prayed for its rejection.

Having considered the submissions advanced from counsel for the parties and also considering the fact that the offence is exclusively triable by the Court of Judicial Magistricate First Class, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.

It is directed that the applicant- Deepak be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety to the satisfaction of the concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of section 480 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023.

M.Cr.C. stands disposed of, accordingly.