Completion of investigation justifies bail for externment order violation despite record of criminal antecedents.

The applicant, Manish, was arrested on March 3, 2026, for allegedly violating an externment order dated September 19, 2025, issued by the District Magistrate, Ujjain.

Following his apprehension within the restricted jurisdictional limits, Crime No. 48/2026 was registered at Police Station Jiwajiganj for an offence under Section 14 of the M.P. Rajya Suraksha Adhiniyam 1990.

The applicant sought his first bail application under Section 483 of the BNSS, 2023, contending false implication and noting that the investigation was complete with a final report already filed.

The State opposed the bail citing the applicant's criminal history of 23 cases.

Whether the applicant is entitled to bail under Section 483 of the BNSS, 2023, considering his period of incarceration, the nature of the offence, and his criminal antecedents.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

Section 14 of the M.P. Rajya Suraksha Adhiniyam 1990, which provides penalties for the breach of externment orders.

The court relied on the established legal principle that bail is the rule and jail is the exception, particularly when the trial is triable by a Magistrate, the investigation is complete, and there is no immediate risk of the accused fleeing justice or tampering with evidence.

The court evaluated the applicant's criminal history, noting the applicant's rebuttal that he had been acquitted in 20 of the 23 cited cases.

It observed that since the final report had been submitted, the applicant's continued incarceration was no longer necessary for investigation.

The court reasoned that because the applicant is already externed from District Ujjain, the likelihood of him tampering with evidence or influencing witnesses within that jurisdiction is minimal.

The court considered the applicant’s socio-economic status as a 38-year-old agriculturist with dependent parents, concluding there was no evidence to suggest he was a flight risk.

The court emphasized that the veracity of the prosecution's claims is a matter for trial, which would take time to conclude.

The holding requires the applicant to furnish a personal bond of Rs. 75,000 with one surety of the same amount.

The Court imposed several conditions, most notably that the applicant must immediately comply with the original externment order dated September 19, 2025, upon his release and must not enter the prohibited jurisdictional limits.

The bail is subject to cancellation if any preconditions are breached during the trial.