Harshit @ Harsh Namdev vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No.129/2026 registered at Police Station- Garha, District - Jabalpur for commission of offence punishable under Section 34(2) of MP Excise Act. Applicant is in jail since 24.03.2026.

As per the prosecution story, 55 bulk litres liquor has been seized from the possession of the present applicant.

Learned counsel for the applicant has submitted that the applicant is behind bar since 24.03.2026 and charge-sheet has been filed. Learned counsel for the applicant has further submitted that applicant is innocent and he has not committed any offence. He has been falsely implicated. There is no criminal antecedent against the applicant. Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant and submitted that no case for grant of bail is made out.

Heard the submissions and perused the case diary.

Having taken into consideration all the facts and circumstances of the case and considering that the age of the applicant i.e. 24 years and he is having no criminal antecedent coupled with the fact that charge-sheet has been filed and trial will take a considerable time as well as the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is 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 BNSS, 2023. In addition to this, (1) He will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) He will not indulge in any criminal activity by misusing the liberty granted by this order; (3) He shall remain present at the time of trial without any default; (4) He shall also mark his presence on every Monday of the month before the concerned Police Station till the trial gets over; (5) He shall make himself available as and when required in trial; (6) He shall provide his current address and his functional mobile number to the concerned police station and concerned trial court; (7) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicant is found involved in similar type of offence, it is open for the authorities to prefer application for cancellation of bail.

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.