Rahul vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is second application filed by the applicant under Section 483 of BNSS, 2023/439 of the Cr.P.C. for grant of regular bail relating to FIR/Crime No.147/2026 registered at Police Station- Madhavnagar, District Ujjain(M.P.) for commission of offence punishable under Section 34(2) of MP Excise Act. Applicant is in detention since 10.04.2026. His first application has been dismissed as withdrawn vide order dated 21.04.2026, passed in M.Cr.C. No.18173/2026.

As per the prosecution story, 56.880 litre of illicit country made liquor has been seized from the possession of the present applicant. Accordingly, case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is innocent and he has not committed any offence. He has further submitted that the applicant is behind the bar since 10.04.2026. Investigation is over and charge-sheet has been filed. Trial will take considerable time to conclude. There is no likelihood of tampering with the evidence by the applicant. He is ready to co-operate in the further trial. 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. Looking to the seriousness of the offence and other factors, he prays for rejection of this bail application.

I have heard the submissions of rival parties made at the Bar and perused the record.

Having taken into consideration the peculiar facts and circumstances of the case and also considering that the offence is triable by JMFC and the charge-sheet has been filed coupled with the fact that trial will take a considerable long 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, but 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.

Accordingly, it is directed that applicant be released on bail if he is not required to undergo imprisonment in any other offence, 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 make himself available as and when required in trial; (5) 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.