Salim vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
- Decided on
- 17-03-2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7324
1 MCRC-9292-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 17 OF MARCH, 2026
MISC. CRIMINAL CASE No. 9292 of 2026
SALIM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Surbhi Bahal - Advocate for the applicant.
Shri Tarun Pagare GA for the State.
ORDER
1. This first application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No.55/2026
registered at Police Station - Biora City, Rajgarh, District - Rajgarh (M.P.)
for offence punishable under Section 34(2) of M.P. Excise Act, 1915.
Applicant is in judicial custody since 17/01/2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application and
the relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence. No offence, as alleged, is committed by the applicant.
The final report has been submitted on completion of investigation. There is
no likelihood of tampering with evidence by the applicant. Jail incarceration
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 17-03-2026
19:59:53
NEUTRAL CITATION NO. 2026:MPHC-IND:7324
2 MCRC-9292-2026
is causing hardship to the applicant and his dependent family. Applicant is
ready to cooperate in further investigation/trial.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers 8
criminal antecedents against the applicant as mentioned in the case diary.
Applicant is aged around 28 years. He is an agriculturist by profession.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in the matters related to Crime nos. 636/2016,
374/2018, 357/2010 and 168/2010. Other matters are pending for trial. He
has never been convicted for any offence.
7. As per accusation on case diary, Head Constable of P.S. Biora
City, Rajgarh along with police force on the basis of secret information
intercepted the motorcycle of applicant. During search, country made raw
liquor - total quantity 80 bulk litres was recovered and seized from the joint
possession of applicant Salim and co-accused Ashok.. They were found
transporting the illicit liquor without valid permit. The P.S. - Jaora City
registered FIR for offence punishable under Section 34(2) of M.P. Excise
Act. Applicant was apprehended on 17/01/2026. He is in custody ever since.
The final report has been submitted on completion of investigation. The trial
would take time to conclude. The veracity of prosecution and complicity of
the applicant will be determined after evidence in the trial.
8. As informed, the applicant has family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice.
Considering the socio-economic status of the applicant, there appears to be
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 17-03-2026
19:59:53
NEUTRAL CITATION NO. 2026:MPHC-IND:7324
3 MCRC-9292-2026
no likelihood of recidivism or tampering with evidence or influencing the
witnesses by the applicant. The offence is triable by JMFC. There appears to
be no compelling reason to continue incarceration of the applicant. However,
the observations, herein-above, are recorded for present application only.
9. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant-Salim shall be released
on bail in connection with Crime, as mentioned in first paragraph of this
order, upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) with one surety of the same amount to the
satisfaction of the trial Court, for compliance with the following conditions
: (For convenience of understanding by accused and surety, the conditions
of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the
concerned court;
(1)
आवेदक संबंिधत यायालय के िनद शानुसार सुनवाई क येक ितिथ पर उप थत रहेगा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2)
आवेदक समान कृित का केाई अपराध नह $ं करेगा या उसम % स &मिलत नह $ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to
any person acquainted with the facts of the case so as to dissuade them/him/her from
disclosing such facts to the Court or to the police officer;
(3) ,
आवेदक करण के त )य* से प +रिचत -कसी /य01 को य2 या अ य2 3प से लोभन
,
धमक या वचन नह $ं देगा जससे ऐसा /य01 ऐसे त )य* को यायालय या पुिलस अिधकार $ को
कट करने से िनवा +रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4)
आवदेक य2 या अ य2 3प से सा 8 य के साथ छेडछाड करने का या सा 2ी या सा 2य*
- ,
को बहलाने फुसलाने दबाव डालने या धमकाने का यास नह $ं करेगा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309
of Cr.P.C ./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of
witnesses in attendance;
(5) , /
0वचारण के दौरान उप थत गवाह * से पर $2ण के संबंध म % आवेदक धारा ३०९ दं. .सं. ३४६
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 17-03-2026
19:59:53
NEUTRAL CITATION NO. 2026:MPHC-IND:7324
4 MCRC-9292-2026
, 2023
भारतीय नाग +रक सुर 2ा सं -हता के ावधान* का उिचत अनुपालन सुिन Cत करेगा
11. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
12. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 17-03-2026
19:59:53