Bail granted under Section 483 BNSS citing completed investigation and lack of substantial criminal history.

The applicant, Keshav, a 35-year-old labourer, was intercepted by police on February 26, 2026, and found in possession of 54 bulk litres of country-made liquor transported without a valid license

He was arrested on the same day and charged under Section 34(2) of the M.P. Excise Act, 1915

The State opposed bail, citing three criminal antecedents, though the applicant clarified that these involved one acquittal and two minor convictions under Section 34(1) of the same Act

This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Whether the applicant is entitled to the grant of bail under Section 483 of the BNSS, 2023, considering the nature of the offence, his socio-economic status, and his criminal history

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 439 of the CrPC), which governs the power of the High Court to grant bail

Section 34(2) of the M.P. Excise Act, 1915, which penalizes the possession of illicit liquor exceeding 50 bulk litres

The court also relied on the principle that bail should be considered based on the likelihood of the accused fleeing justice, the possibility of tampering with evidence, the stage of the investigation, and the socio-economic responsibilities of the accused

The court observed that the investigation was nearly complete and that the applicant had been in custody since February 26, 2026

Although the State pointed to criminal antecedents, the court noted that the previous matters were either minor (Section 34(1)) or resulted in acquittal, thus finding no "substantial criminal past" that would justify continued incarceration

The court reasoned that since the applicant is a labourer with family responsibilities, there is no significant risk of him fleeing from justice or influencing witnesses

The court held that the veracity of the prosecution's claims regarding "conscious possession" is a matter for trial, and since the offence is triable by a Judicial Magistrate First Class (JMFC), there was no compelling reason to keep the applicant in custody pending the conclusion of the trial

The court ordered the applicant's release upon furnishing a personal bond of Rs. 25,000/- with one surety of the same amount

The grant of bail is subject to specific conditions, including mandatory appearance at all hearings, a prohibition against committing similar offences, and a strict injunction against tampering with evidence or threatening witnesses

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