Sandeep Gupta (Shah) vs State Of Madhya Pradesh

Deepak Khot, J

This is the second application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.675/2025 registered at Police Station Waidhan, District Singrauli, for the offence punishable under Sections 34(2) and 42 of the M.P. Excise Act. The applicant is in jail since 10.06.2025. The First application being M.Cr.C.No.36922 of 2025 was dismissed as withdrawn. vide order dated 02.09.2025.

The prosecution story in short is that the upon receiving an information from the informant that one black Grand Vitara Car bearing Registration No.CG 30F 1669 was going from Baidhan to Chhatisgarh for sell of liquor, the police stopped the vehicle and found 109 liters of foreign liquor from the possession of the applicant. FIR has been registered and charge-sheet has been filed against the applicant and co-accused persons.

It is contended by learned counsel for the applicant that the applicant has been in custody for more than 3 months. The maximum sentence is of three years. He submits that the applicant has been falsely implicated in the aforesaid offence Nothing has been seized from the possession of the applicant. The offence is triable by the Court of Judicial Magistrate First Class and trial will take time to conclude, hence, the applicant be enlarged on bail.

Per contra learned Panel Lawyer for the State has opposed the bail application on the ground that the applicant has criminal antecedents of six cases of same nature, therefor, no mercy can be extended to the applicant.

Heard the parties and perused the case diary.

It is evident that the applicant has been found in possession of 109 bulk liters of foreign liquor and he has been in custody since 10.06.2025 that is for 3 months. The maximum sentence under the aforesaid section is of three years.

Considering the facts and circumstances of the case and looking to the maximum sentence under section 34(2) is of three years, the applicant is enlarged on bail by imposing an stringent condition that he shall mark his presence in the first week of every month before before the concerned SHO of his locality, where he resides till the disposal of the trial of this case. Hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that applicant - Sandeep Kumar Gupta shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

Accordingly, Misc. Criminal Case stands disposed of. Certified copy as per rules.