High CourtsSingle Bench

Kailash Chandra vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 12 June 2026 · Citation: (2026) 06 MP CK 0628

HON’BLE JUDGES
Alok Awasthi, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480(3), 483 · Madhya Pradesh Excise Act, 1915 — Section 34(2) · Evidence Act, 1872 — Section 27
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 25616 Of 2026
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Judgment

8 paragraphs · 396 words

Alok Awasthi, J

1.

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.136/2026 registered at Police Station- Sailana, District- Ratlam (M.P.) for the offence under Section 34(2) of M.P. Excise Act, 1915 . Applicant is in custody since 01.05.2026.

2.

Prosecution story in brief is that, on 22.04.2026 on the information of informant Police seized 190.65 liters country made liquor from the vehicle, however the driver of the vehicle fled away from the spot and accordingly crime has been registered.

3.

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 01.05.2026. There are no criminal antecedents against the applicant. No liquor has been seized from the conscious possession of the applicant. He has been implicated in this case only on the basis of memorandum of co-accused Vinod Moriya under Section 27 of the Indian Evidence Act. It is further submitted that co-accused Vinod has been enlarged on bail by order dated 22.05.2026 passed in M.Cr.C. No.24152/2026. 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.

4.

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

5.

Having considered the submissions advanced from counsel for the parties and also considering the fact that co-accused Vinod has been enlarged on bail by order dated 22.05.2026 passed in M.Cr.C. No.24152/2026, 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.

6.

It is directed that the applicant- Kailash Chandra 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.

7.

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