Bail granted for Section 49A M.P. Excise offence subject to automatic cancellation upon poisonous FSL findings.

The applicant, Rajesh Chouhan, filed his first application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

He was arrested on February 19, 2026, in connection with Crime No. 58/2026 for an offense under Section 49A of the M.P. Excise Act.

According to the prosecution, police intercepted the applicant near Garot Bridge based on secret information and recovered five bulk liters of country-made raw liquor suspected to be unfit for human consumption.

The applicant has been in judicial custody since the date of arrest.

The defense contended that the applicant was falsely implicated on suspicion, no expert opinion was yet available to prove the liquor was unfit for consumption, and the FSL report remained awaited.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of the seizure and the lack of criminal antecedents.

2. Whether continued incarceration is warranted when the FSL report is pending and the offense is triable by a Judicial Magistrate First Class (JMFC).

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the High Court's power to grant bail.

Section 49A of the M.P. Excise Act, which penalizes the possession or sale of liquor unfit for human consumption.

General principles of criminal jurisprudence regarding bail, specifically examining the likelihood of recidivism, the risk of the accused fleeing from justice, and the socio-economic status of the applicant as an agriculturist with no prior criminal record.

The Court observed that the applicant is a 26-year-old agriculturist with no reported criminal antecedents.

While the prosecution opposed bail based on the gravity of the offense, the Court noted that the quantity seized was relatively small (five bulk liters) and the chemical analysis (FSL) report required to prove the liquor was "unfit for human consumption" under Section 49A was still awaited.

The Court found merit in the applicant’s argument that the veracity of the prosecution's claims could only be determined during the trial.

Furthermore, given the applicant's socio-economic background and responsibilities toward his family, the Court found no evidence suggesting he would flee or tamper with evidence.

It concluded that there was no compelling reason to continue his incarceration during the trial, which is to be conducted by a JMFC.

The bail is subject to several conditions, including regular attendance at hearings and a prohibition against committing similar offenses.

Notably, the Court imposed a specific condition that if the FSL report reveals any poisonous substance in the seized liquor, the bail order shall stand cancelled automatically without further reference to the Court, and the applicant must surrender immediately.