Santosh And Others vs State Of Madhya Pradesh

Deepak Khot, J

This is the first application filed by the applicants under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.186 of 2025 registered at Police Station Patharotha, District Narmadapuram, for the offence punishable under Sections 34(2) and 42 of the M.P. Excise Act. The applicant is in jail since 05.07.2025.

The prosecution story in short is that the upon receiving an information from the informant on 04.07.2025 that two persons were standing near the Bafarest Barrier, Pathrouta with a black Pulser motorcycle having 3 to 4 container with the intention to sell the illegal liquor, the patrolling team raid on the spot and arrested the applicants with three containers having 20 liters of countrymade liquor. FIR was registered against the applicants.

It is contended by learned counsel for the applicants that the applicants have been in custody for more than two months. The maximum sentence is of three years. He submits that the applicants have been falsely implicated in the aforesaid offence and nothing has been seized from the possession of the applicants. 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 looking to the quantity of the liquor that has been seized from the possession of applicants, no mercy can be granted to the applicants.

Heard the parties and perused the case diary.

Considering the facts and circumstances of the case and looking to the maximum sentence under section 34(2) is of 3 years, the applicants are enlarged on bail by imposing a stringent condition that they shall mark their presence in the first week of every month before before the concerned SHO of their locality, where they reside till the disposal of the trial of the case. Hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that applicants - Santosh and Dilip Uikeyy shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court concerned for their 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 applicants shall comply with the provisions of Section 480(3) of BNSS.

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