Absence of criminal antecedents and parity warrant bail for transport of illicit liquor under Excise Act.

The applicant, a 28-year-old driver, was arrested on July 1, 2025, for allegedly transporting 1,344 bulk liters of illicit foreign liquor in a Bolero Pick-Up vehicle intercepted at Police Station Bilpank

This is the applicant's second bail application; his first was dismissed as withdrawn on September 15, 2025, with liberty to renew the prayer after the examination of seizure witnesses

Following that order, seizure witnesses Devendra Das (PW-1) and Sohrab (PW-2) were examined

The applicant has remained in judicial custody since his arrest

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the stage of the trial and the nature of the evidence

2. Whether the principle of parity applies given that co-accused Shivam and Sadhu have already been granted bail

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC)

Section 34(2) of the M.P. Excise Act regarding the illegal transport of liquor

It adhered to the principles of criminal jurisprudence that bail is the rule and jail is the exception, emphasizing that bail should be considered when the trial is delayed, the accused has no criminal antecedents, and there is a lack of evidence regarding "active and conscious possession"

The court also noted the procedural requirements of Section 309 CrPC / Section 346 BNSS regarding the timely examination of witnesses

The court reasoned that since the investigation is complete and the final report has been submitted, the applicant's continued incarceration is no longer necessary for investigative purposes

Crucially, the court noted that the independent seizure witnesses (PW-1 and PW-2) have already been examined, significantly reducing the risk of the applicant tampering with material evidence

The court took cognizance of the fact that the applicant has no prior criminal record and possesses stable family roots, which mitigates the risk of him fleeing from justice

Furthermore, the court applied the principle of parity, noting that co-accused Shivam and Sadhu—who were allegedly part of the same transaction—had already been released on bail by previous orders

The court concluded that because the offence is triable by a Judicial Magistrate First Class (JMFC) and the trial will take considerable time to conclude, detention without conviction would cause undue hardship to the applicant’s dependent family

The court ordered the release of the applicant upon furnishing a personal bond of Rs. 25,000 with one solvent surety of the same amount

The holding is subject to five specific conditions, including regular attendance at hearings, non-involvement in similar offences, and a prohibition against tampering with evidence or threatening witnesses

The court clarified that these observations are limited to the bail application and do not reflect an opinion on the merits of the trial