Absence of criminal antecedents and socio-economic status justify grant of bail in illicit liquor possession cases.

The applicant, Gulab Kanjar, was apprehended on February 25, 2026, during a police raid conducted by S.I. Jagdish Goyal of P.S. Chhapihera

It is alleged that the applicant was found in possession of a carton containing 446 bulk liters of illicit country-made (desi) liquor

Consequently, Crime No. 35/2026 was registered for an offence punishable under Section 34(2) of the M.P. Excise Act, 1915

The applicant has been in judicial custody since his arrest

The defense argued that the applicant was falsely implicated on suspicion, the liquor was not seized from his conscious or immediate possession, and the house where the seizure occurred did not belong to him

1. Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of his socio-economic status, lack of criminal antecedents, and the duration of his incarceration?

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the authority to grant bail

The substantive charge was under Section 34(2) of the M.P. Excise Act, 1915, regarding the illegal possession of bulk quantities of liquor

Additionally, the court referenced Section 346 of the BNSS, 2023 (corresponding to Section 309 of the Cr.P.C.), concerning the procedural requirement for the timely examination of witnesses during trial

The Court balanced the gravity of the alleged offence against the personal circumstances of the applicant.

It noted that the applicant is a 50-year-old laborer with no prior criminal record

While the prosecution opposed bail based on the volume of liquor seized, the Court observed that the investigation was nearing completion and further custodial interrogation was not required

The Court found no reasonable grounds to suggest that the applicant would flee from justice, tamper with evidence, or influence witnesses, especially given his socio-economic background and family responsibilities

Since the offence is triable by a Judicial Magistrate First Class and the trial is expected to consume significant time, the Court concluded that continued incarceration was not justified

The holding is subject to conditions including regular attendance at trial, a prohibition on committing similar offences, and a mandate not to induce or threaten witnesses

The Court directed that any breach of these conditions may lead to the cancellation of bail