Rakesh Yadav vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first bail application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.216/2025 registered at Police Station - Parvaliya Sadak, District - Bhopal (M.P.) for the offence punishable under Sections 34(2) of M.P. Excise Act. Applicant is in detention since 29.09.2025.

As per the prosecution story, on receiving information from the informant Police made a search and recovered 203.60 bulk liter liquor in this case. During investigation, present applicant has been made accused on the basis of memorandum of co-accused. Therefore, the offence has been registered against the present applicant and co-accused under the aforesaid section.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He in jail since 29.09.2025. Nothing has been seized from the applicant. It is submitted that the applicant has been made accused only on the basis of memorandum of co-accused. Except memorandum of co-accused, there is no evidence against present applicant. There is no criminal record of the applicant. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

On the other hand, learned counsel for the respondent/State has opposed the bail application and has prayed for it's rejection on the ground of criminal antecedents.

Having taken into consideration all the facts and circumstances of the case, but without commenting on merits of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands 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 B.N.S.S.

In case of involvement of the applicant in any other offence of similar nature in future, the bail granted by this Court shall stand automatically rejected.

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.