Completion of investigation and absence of major convictions warrant bail in illicit liquor transportation cases.

The applicant was apprehended by the Chhapiheda Police on February 10, 2026, after being found in possession of 63 bulk litres of illicit country-made liquor transported without a valid permit.

Consequently, an FIR was registered under Section 34(2) of the M.P. Excise Act, 1915, and the applicant has remained in judicial custody since his arrest.

The investigation has been completed, and the final report (charge sheet) has been submitted to the court.

The State opposed the bail application, citing the gravity of the offence and six criminal antecedents recorded against the applicant.

The applicant contended that previous matters involved minor sentences or are still pending trial.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, pending the conclusion of the trial.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC), which governs the power of the High Court regarding bail.

Section 34(2) of the M.P. Excise Act, 1915, regarding the unlawful transport of liquor.

Procedural compliance requirements under Section 346 of the BNSS (formerly Section 309 of the CrPC) regarding the examination of witnesses during trial.

The court evaluated the necessity of continued incarceration against the applicant's socio-economic background and the stage of the proceedings.

It noted that the investigation is complete and the final report is filed, reducing the risk of evidence tampering.

Regarding the applicant's criminal history, the court observed that he had not been convicted of any "major" offences and that his previous sentences were minor (TRC and fine).

The court reasoned that since the applicant is a 26-year-old labourer with family responsibilities, there is no significant likelihood of him fleeing from justice or committing recidivism.

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 justify prolonged pre-trial detention.

The holding is contingent upon the applicant furnishing a personal bond of Rs. 25,000 with one solvent surety of the same amount.

The court imposed 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, subject to the applicant's compliance with the bail conditions.