Bail granted when independent seizure witnesses do not support prosecution.

The applicant, Suresh, filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 for regular bail in connection with Crime No. 83/2025, registered at Police Station - Bajna, District Ratlam (M.P.), for an offense under Section 34(2) of the M.P. Excise Act.

He has been in judicial custody since December 16, 2025.

His first bail application was dismissed as withdrawn on January 22, 2026, with liberty to renew the prayer after the examination of seizure witnesses.

Subsequently, independent seizure witnesses Munnasingh (PW1) and Santosh (PW2) were examined on February 4, 2026.

On May 5, 2025, S.I. Devilal Gurjar of P.S. Bajna raided Suresh's house in village Thikriya.

A person identified as Rajesh, seen carrying illicit liquor on a Scooty, escaped.

A search of Suresh's house revealed 1509 bulk liters of illicit country-made liquor and an Activa Scooty.

Rajesh was arrested on August 29, 2025, and informed that he had stored illicit liquor at Suresh's house, leading to Suresh's arrest on December 16, 2025.

The examined seizure witnesses did not support the prosecution and exonerated the applicant.

The main accused, Rajesh, has already been granted bail.

1. Whether the applicant, Suresh, should be granted regular bail considering the examination of seizure witnesses who did not support the prosecution.

The court considered Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for the grant of regular bail.

It applied the general principles for bail, evaluating the gravity of the alleged offense, the absence of criminal antecedents, the likelihood of tampering with evidence or influencing witnesses, the duration of judicial custody, the socio-economic status of the applicant, and the impact of continued incarceration, as well as the progress of the trial.

The court also noted the dismissal of a previous bail application with liberty to renew, a common practice in bail jurisprudence.

The court analyzed the application based on the facts that the independent seizure witnesses (Munnasingh (PW1) and Santosh (PW2)) did not support the prosecution and have exonerated the applicant, which significantly weakens the prosecution's case.

The illicit liquor was not recovered from the applicant's direct and immediate possession, and the house where it was recovered does not belong to him.

The applicant is an agriculturist with no reported criminal antecedents, lessening the risk of re-offending.

The main accused, Rajesh, has already been granted bail.

The court also considered that the trial would take time to conclude, and continued incarceration would cause hardship to the applicant who has family responsibilities.

The court found no compelling reason to continue his incarceration, observing that there was no likelihood of him fleeing from justice, tampering with evidence, or influencing witnesses.

The court ordered the applicant, Suresh, to be released on bail upon furnishing a personal bond of Rs. 50,000/- with one surety of the same amount, subject to specific conditions.

These conditions include appearing on every hearing date, not committing similar offenses, not inducing or threatening witnesses, not tampering with evidence, and ensuring compliance with witness examination provisions of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023.