Nitesh Yadav vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is second application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No.193/2026 registered at Police Station- Panagar District - Jabalpur for commission of offence punishable under Section 34A, 49A of MP Excise Act 1915 and section 130/177(3) of Motor Vehicles Act, 1988. Applicant is in jail since 15.02.2026. His first application was dismissed as withdrawn and not pressed vide order dated 09.03.2026 passed in M.Cr.C.No.9958 of 2026.

As per the prosecution story, 05 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 15.02.2026 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. Charge sheet has been filed. He is ready to abide by all the conditions imposed by the court. 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 applicant has criminal antecedents of 08 cases, therefore, bail should not be granted.

Heard the submissions and perused the case diary.

Having taken into consideration all the facts and circumstances of the case and considering the fact that applicant is behind bar since 15.02.2026; 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, however, keeping in view the criminal antecedents of the applicant, bail is granted by imposing some strict conditions, therefore, 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. However, looking to the criminal antecedents of the applicant, he shall also abide by the following conditions:- (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 Wednesday 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 all the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicant is found involved in similar/any 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.