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Jatindar vs State Of M P Through Excise Department Badwah Circle Mandleshwar

Madhya Pradesh High Court · Decided on 16 December 2025 · Citation: (2025) 12 MP CK 1906

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(1), 34(2)
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 58284 Of 2025
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Judgment

11 paragraphs · 387 words

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.599/2025 registered at Police Station Excise Circle Badwah, District- Khargone (MP) for offence punishable under Sections 34(1) and 34(2) of M.P. Excise Act, 1915. The applicant is in custody since 10/12/2025.

3] The allegation against the applicant is that he was involved in the aforesaid case wherein 188.44 bulk litres of country-made and foreign liquor has been seized from the hotel which is owned by the applicant.

4] Counsel for the applicant has submitted that although the ownership of the hotel is of the applicant, however, he had given the same on rent to the main accused Yuvraj, Tomar, who has already been granted bail by this Court in MCRC.No.38780/2025 vide order dated 8.9.2025.

5] Coounsel for the applicant has drawn the attention of this Court to the rent agreement dated 16.4.2025 whereas the date of the incident is 19.8.2025. It is further submitted that only one case was registered against the applicant for the consumption of liquor in which he was fined and one case of IPC is also registered, and that the applicant is lodged in jail since 10/12/2025. and the final conclusion of trial is likely to take sufficient long time. Thus, it is prayed that the application be allowed.

6] Counsel for the State has opposed the prayer.

7] On due consideration of submissions and on perusal of the case-diary, this Court is inclined to allow the present application.

8] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby 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.

9] Accordingly, the application is allowed and disposed of.

C.c. as per rules.