High CourtsSingle Bench

Rohit vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 January 2026 · Citation: (2026) 01 MP CK 1860

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)(A), 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 4299 Of 2026
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Judgment

10 paragraphs · 372 words

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's third 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.773/2025 registered at Police Station Excise circle B, Badnawar, District Dhar (MP) for offence punishable under Sections 34(1)A, & 34(2) of M.P. Excise Act. The applicant is in custody since 22.11.2025. His first application M.Cr.C. No.55726 of 2025 was dismissed by this Court on 08.12.2025 as withdrawn with liberty to renew the prayer after the charge-sheet is filed, whereas second bail application M.Cr.C. No.57819 of 2025 was also dismissed by this Court on 18.12.2025 as withdrawn with liberty to renew the prayer after the charges are framed.

3] The allegation against the applicant is of transportation of 660 bulk litres of unauthorized liquor on 22.11.2025.

4] Counsel has submitted that the charges have already been framed, and the applicant was driving the vehicle, which was given to him by one Mukesh. It is also submitted that there are no criminal antecedents against the applicant.Thus, it is prayed that the application be allowed.

5] Counsel for the respondent/State has opposed the prayer, however, it is not denied that there are no criminal antecedents.

6] Having considered the rival submissions, perusal of the case-diary, and taking note of the fact that the charges have also been framed, and the applicant is lodged in jail since 22.11.2025 and there are no criminal antecedents, this Court is inclined to allow the application.

7] 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.

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

C.c. as per rules.