Shubham Rai vs State Of Madhya Pradesh

Vinay Saraf, J

This is first application filed under section 483 of BNSS, 2023 for grant of bail on behalf of applicant Shubham Rai S/o Suraj Prasad Rai in connection with Crime No.119/2025, registered at Police Station - Lidhora, District Tikamgarh under section 34(2) of M.P. Excise Act.

The prosecution case, in brief, is that upon receipt of secret information that certain persons are transporting illicit liquor in one Omni Van bearing registration No. UP 95-C 4603, the vehicle was intercepted by the police party and 180 bulk liter illicit liquor was seized from the possession of co-accused Anil Ahirwar and Sujan Yadav. On the spot itself, it was revealed that Shubham Rai and Kuldeep Yadav were following them on a motorcycle and had fled from the scene. FIR was registered against Anil Ahirwar, Sujan Yadav, Shubham Rai and Kuldeep Yadav. After investigation, charge sheet has been filed. The present applicant was arrested on 23.05.2026 and since then, he is in custody.

Counsel for the applicant submits that nothing has been recovered from the possession of the present application. He has been implicated in the case on the basis of information supplied by the co-accused. Co-accused Sujan Yadav has already been released on bail vide order dated 08.08.2025 passed in M.Cr.C. No.27886/2025 and Devendra Alias Anil Ahirwar has been released on bail vide order dated 03.07.2025 passed in M.Cr.C. No.28735/2025. He further submits that the case of the present applicant is similar to the case of co-accused Kuldeep Yadav, who has been released on bail vide order dated 25.03.2026 passed in M.Cr.C. No.12339/2026. He prays for grant of bail to the present applicant.

Learned counsel appearing on behalf of the State opposed the bail application on the ground that 180 bulk liter illicit liquor was seized from the possession of the co-accused persons and the present applicant and Kuldeep Yadav were following them on motorcycle. She prays for dismissal of the present application.

Considering the fact that the co-accused Kuldeep Yadav, who is having the parity with the present applicant has already been enlarged on bail by the co-ordinate Bench in M.Cr.C. No.12339/2026, without commenting on the merits of the case, in order to maintain parity, I deem it proper to allow this application.

Accordingly, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court. It is directed that the applicant shall comply with conditions as enumerated under section 480(3) of BNSS and will not indulge in any similar offence during trial.