Bail granted under Section 34(2) M.P. Excise Act considering period of incarceration and pending trial.

The applicant, Premsingh @ Pintu Gorasiya, was intercepted by Head Constable Parminder Yadav on March 16, 2026, while driving an Eco car in Ujjain

Upon searching the vehicle, the police recovered 106 bulk liters of country-made plain liquor transported without a valid license

Consequently, Crime No. 100/2026 was registered at Police Station Bhatpachlana for an offence under Section 34(2) of the M.P. Excise Act, 1915

The applicant was arrested on the spot and remained in judicial custody from March 16, 2026

This application marks the first bail plea filed by the applicant under the new procedural law

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the recovery of a commercial quantity of illicit liquor and the existence of four criminal antecedents

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court’s power to grant bail

Substantively, the case involves Section 34(2) of the M.P. Excise Act, 1915, which penalizes the unlawful transport of intoxicants

The Court also considered the procedural mandate of Section 346 of the BNSS, 2023 (corresponding to Section 309 of the Cr.P.C.) regarding the timely examination of witnesses during trial

The Court evaluated the necessity of continued incarceration against the applicant's right to liberty.

It noted that the investigation was nearly complete and further custodial interrogation was unnecessary

While the State opposed bail citing four criminal antecedents, the applicant clarified that one case resulted only in a fine and others were pending trial

The Court reasoned that since the applicant is an agriculturist with family responsibilities, there was a low 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, the Court found no compelling reason to prolong custody, emphasizing that the veracity of the prosecution's claims would be determined during the trial

The bail is subject to five specific conditions, including: (i) regular appearance before the trial court; (ii) refraining from committing similar offences; (iii) not inducing or threatening witnesses; and (iv) ensuring compliance with Section 346 of the BNSS regarding witness examination

The Court clarified that the order is effective until the end of the trial, but the trial court may cancel bail in the event of a breach of conditions