Bail granted for illicit liquor transportation considering completed investigation and absence of prior criminal convictions.

The applicant, Dinesh, was intercepted by the Sub-Inspector of Excise Circle, Sailana, on February 4, 2026, while driving an unregistered Bolero vehicle

Upon search, the applicant was found transporting 193 bulk litres of illicit country-made and foreign liquor without a valid license or permit

He was arrested on the spot, and an FIR was registered under Section 34(2) of the M.P. Excise Act, 1915

The applicant’s first bail application was dismissed as withdrawn on February 27, 2026, with liberty to renew the prayer following the filing of the charge sheet

The investigation is now complete, the final report has been submitted, and the applicant has been in judicial custody since his arrest

1. Whether the applicant is entitled to the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the completed investigation and the nature of the offence

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which empowers the High Court to grant bail

Section 34(2) of the M.P. Excise Act, 1915, concerning the illegal transport of intoxicants

Section 346 of the BNSS, 2023 (corresponding to Section 309 of the Cr.P.C.) to ensure the timely examination of witnesses during the trial

The court noted that the investigation concluded with the submission of the final report, meaning the applicant’s custody was no longer required for interrogation

While the State argued against bail based on one criminal antecedent, the court observed that the applicant—a 22-year-old laborer—had no major convictions and the other matter remains pending trial

The court reasoned that given the applicant’s socio-economic status and family responsibilities, there was no significant risk of him fleeing justice or tampering with evidence

Furthermore, as the offence is triable by a Judicial Magistrate First Class (JMFC) and the trial is expected to take time, continued incarceration was deemed unnecessary, provided the applicant adheres to strict conditions

The Court held that the socio-economic background of the applicant and the completion of the investigation outweighed the necessity of continued detention

The applicant was ordered to be released on a personal bond of Rs. 25,000/- with one solvent surety of the same amount, subject to conditions: (i) regular attendance at hearings; (ii) abstaining from similar offences; and (iii) no inducement or tampering with witnesses

The order remains effective until the end of the trial unless breached