Completion of investigation and absence of criminal antecedents justify bail for excise law violations.

On January 17, 2026, police intercepted the applicant, Ashok, and co-accused Salim on a motorcycle near Naveen Dashhara Maidan, Biaora.

A search resulted in the seizure of 80 bulk liters of illicit country-made raw liquor from their joint possession, transported without a valid permit

The applicant was apprehended and charged under Section 34(2) of the M.P. Excise Act, 1915

The applicant moved the High Court for regular bail, contending false implication and citing that the investigation is complete with the final report submitted

He further sought parity with co-accused Salim, who was granted bail on March 17, 2026

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the completion of the investigation, the absence of criminal antecedents, and the principle of parity

The Court exercised its jurisdiction under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the grant of bail

The substantive charge involved Section 34(2) of the M.P. Excise Act, 1915, which pertains to the unlawful possession and transport of large quantities of intoxicants

The Court also applied established principles of bail jurisprudence, focusing on the absence of criminal antecedents, the socio-economic status of the accused, and the likelihood of the accused fleeing from justice or tampering with evidence

The Court noted that the applicant, a 28-year-old agriculturist, has been in judicial custody since January 17, 2026

It observed that the investigation is complete and the final report has been submitted, meaning the applicant’s continued incarceration is no longer required for custodial interrogation

Although the State opposed the bail on the gravity of the offence, it admitted that the applicant has no prior criminal record

The Court found that there was no evidence suggesting a risk of recidivism or witness tampering, especially given the applicant's family responsibilities and socio-economic background

Additionally, the Court took into account that the trial is triable by a Judicial Magistrate First Class (JMFC) and would likely take considerable time to conclude, and that a co-accused had already been released on bail

The applicant was ordered to be released on bail upon furnishing a personal bond of Rs. 25,000/- with one solvent surety of the same amount

The grant of bail was subject to specific conditions: the applicant must attend all court hearings, refrain from committing similar offences, and must not induce or threaten any person acquainted with the facts of the case

The Court clarified that these observations are limited to the bail application and do not reflect on the merits of the trial