Bail granted for excise offense where investigation is complete and prior convictions are absent.

The applicants, Jaswant Singh and Lokesh Singh, filed their first bail application following their arrest on March 2, 2026, in connection with Crime No. 138/2026

On the date of arrest, police intercepted a Scorpio vehicle driven by Jaswant Singh, with Lokesh Singh as a passenger, and recovered 76.89 liters of illicit country-made foreign liquor from the back seat

The applicants were charged under Section 34(2) of the M.P. Excise Act, 1915

The prosecution opposed bail, citing two criminal antecedents for Jaswant and one for Lokesh; however, the defense clarified that these prior cases resulted in an acquittal and a fine, respectively, with no history of serious convictions

Whether the applicants are entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, given the nature of the recovery and their criminal antecedents

The court primarily applied Section 483 of the BNSS, 2023, which governs the High Court's power to grant bail

The substantive offence was considered under Section 34(2) of the M.P. Excise Act, 1915

The court also applied established judicial principles for bail, focusing on the socio-economic status of the accused, the likelihood of recidivism, the risk of tampering with evidence, and the triability of the offence (noting it is triable by a Judicial Magistrate First Class)

The court examined the necessity of continued incarceration against the progress of the investigation, noting that further custodial interrogation was no longer required as the investigation was nearly complete

Regarding criminal history, the court accepted the applicants' contention that they had no substantial criminal past, as previous cases ended in acquittal or a minor fine

The court reasoned that since the applicants are in private service with family responsibilities and lack previous convictions, there was no significant risk of them fleeing from justice or repeating the offence

Furthermore, the court noted that the veracity of the prosecution's claims and the extent of the applicants' involvement would be determined during the trial, which would take time to conclude

Consequently, the court found no compelling reason to keep the applicants in custody during the trial

The court ordered the applicants to be released upon furnishing a personal bond of Rs. 25,000 each with one surety of the same amount

The release is subject to conditions including mandatory attendance at hearings, abstaining from similar offences, and a prohibition against tampering with evidence or threatening witnesses

This order remains effective until the conclusion of the trial, unless breached