The court granted bail to applicants based on their role as labourers in a contraband case, emphasizing the balance between the gravity of allegations and the rights of the accused.

ORDER :

1. The Applicants have filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicants on Regular Bail in connection with FIR being C.R. No. 11204025250071 of 2025 registered with Kheda Town Police Station, Kheda.

2. Heard learned Advocate for the Applicants and learned APP for the Respondent – State.

3. After arguing the matter, learned advocate for the applicant seeks permission to withdraw the present Application, qua applicant No.1. The Permission as prayed for is granted. The matter stands disposed of as withdrawn, qua applicant No.1.

4. The present Application is thereafter confined to applicant Nos.2 to 5, only.

5. Rule, qua applicant Nos.2 to 5. Learned APP waives service of Rule on behalf of the Respondent State.

6. Learned Advocate arguing on behalf of Applicant Nos.2 to 5 has submitted that the other applicants are mere labourers and had come from Rajasthan for doing labour work and had been apprehended in the present offence. He has further submitted that the Applicants have good reputation in the society and no useful purpose would be served by keeping the Applicants in jail for indefinite period. It is further contended that the Applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

7. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the stock of contraband liquor involved in the present offence is huge and present applicants are residents of State of Rajasthan. He therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicants and the application may be dismissed.

8. Heard learned advocates for the respective parties and perused the record. The role attributed to the present applicants in commission of the offence is to the effect that they had come from Rajasthan for doing labour work and were present at the time of incident, at the place from where the stock of contraband liquor had been seized and were doing labour work of loading and unloading of the stock of contraband liquor. Having regard to the aforesaid facts, the application deserves consideration.

9. This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicants accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicants have submitted that the Applicants are not likely to flee away.

(c) That the Applicants are in custody since 19.2.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

10. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicants Accused at the time of Trial etc. and the role attributed to the Applicants accused, the present Application deserves to be allowed and accordingly stands allowed, qua Applicant Nos.2 to 5 only. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Nos.2 to 5 are ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- (each) with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that Applicants shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Of