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CDJ 2026 MPHC 348 My Notes print Preview print print
Court : High Court of Madhya Pradesh
Case No : MISC. Criminal Case No. 46902 of 2026
Judges: THE HONOURABLE MR. JUSTICE AMIT LAHOTI
Parties : Akash Dhakre Versus The State Of Madhya Pradesh
Appearing Advocates : For the Applicant: Shiv Narayan Prajapati, Advocate. For the Respondent: Priyanka Mishra, G.A.
Date of Judgment : 07-10-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -

Comparative Citation:
2026 MPHC-JBP 80374,

Judgment :-

1. This is first bail application filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant has been in custody since 18.09.2026 in connection with Crime No.421/2026 registered at P.S.-Shahpur, District-Betul (M.P.) for the offence punishable under Section 34(2) M.P. Excise Act.

2. As per the prosecution case, on receipt of information from an informant, the police of the concerned Police Station seized 57.240 bulk litrers of liquor from the joint possession of the co-accused persons.

3. Learned counsel for the applicant submits that the applicant has been in custody since 18.09.2026. It is submitted that the applicant has been implicated in the present case primarily on the basis of the memorandum of the co-accused persons, namely; Arun and Rohit, against whom the allegation is that 57.240 bulk litres of liquor were recovered from their joint possession. It is further submitted that the said co-accused persons have already been enlarged on bail by this Court vide order dated 30.09.2026 passed in M.Cr.C. No.45866/2026. Except for the memorandum of the co- accused persons, there is no other incriminating evidence against the applicant. The charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion. Therefore, learned counsel prays that the applicant be released on bail pending trial. 4 . Per contra, learned counsel appearing for the respondent/State has opposed the prayer for grant of bail. It is submitted that the applicant has a criminal antecedent of two cases, out of which one case is registered under the provisions of the Excise Act. On these grounds, it is contended that the applicant does not deserve to be enlarged on bail.

5. Taking into consideration the submissions made by learned counsel for the parties and upon perusal of the material available on record, this Court has taken into consideration the facts and circumstances of the case, particularly the fact that the co-accused persons, namely; Arun and Rohit, have already been enlarged on bail by this Court vide order dated 30.09.2026 passed in M.Cr.C. No.45866/2026, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant is entitled to be enlarged on bail. Accordingly, the application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety each in the like amount to the satisfaction of the trial Court/committal Court.

6. This order shall remain operative subject to compliance of the following conditions by the applicants:-

          i) The applicant shall comply with all the terms and conditions of the bond executed by him;

          ii) The applicant shall cooperate in the investigation/trial, as the case may be;

          iii) The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

          iv) The applicant shall mark his appearance before the concerned police station once in every month;

          v) The applicant shall not commit an offence similar to the offence of which they are accused;

          vi) The applicant shall not seek unnecessary adjournments during the trial;

          vii) The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

          viii) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically.

7. Copy of this order be sent to the trial Court concerned for compliance by the office of this Court.

Certified copy as per rules.

 
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