Bail granted for possession of illicit liquor considering trial duration, socio-economic status, and lack of flight risk.

The applicant, a 21-year-old agriculturist, was apprehended by the police on April 15, 2026, following a secret tip-off.

Upon searching his motorcycle, police seized four plastic cans containing a total of 60 bulk liters of illicit country-made raw liquor.

Consequently, an FIR was registered under Section 34(2) of the M.P. Excise Act, 1915, and the applicant has remained in judicial custody since the date of the incident.

The applicant moved this first bail application on grounds of false implication, lack of tampering risk, and the hardship of incarceration.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of contraband seized and his criminal antecedents.

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

Section 34(2) of the M.P. Excise Act, 1915, regarding the unlawful transport of liquor.

Section 346 of the BNSS (formerly Section 309 of the Cr.P.C.) concerning the continuous examination of witnesses.

The court evaluated the gravity of the offence against the personal circumstances of the applicant.

the court noted that the previous conviction resulted only in a minor sentence (imprisonment till rising of the court and a fine).

The court reasoned that since the applicant is a young agriculturist with family dependencies, there is a low risk of him fleeing from justice or recidivism.

the court observed that the offence is triable by a Judicial Magistrate First Class and that prolonged incarceration was unnecessary as the trial would take time to conclude.

The court concluded that the veracity of the prosecution's claims is a matter for trial and does not warrant continued pretrial detention.

The Court held that the applicant be released upon furnishing a personal bond of Rs. 50,000/- with one surety of the same amount.

The release is subject to several conditions, including that the applicant shall not commit similar offences, shall not tamper with evidence or threaten witnesses, and must comply with trial proceedings under Section 346 of the BNSS.

The order remains effective until the conclusion of the trial unless breached.