Insufficient evidence beyond mere allegations does not justify continued detention; bail granted with conditions.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

2. Petitioner is the accused in Crime No.106 of 2025 of Excise Range OfÏce, Mavelikkara, Alappuzha, registered for the offence punishable under Section 55 (i) of the Abkari Act, 1077 .

3. According to the prosecution, on 03.07.2025 at 9.30 a.m., the accused was found in possession of 1.4 litres of Indian Made Foreign Liquor [for short, ‘the IMFL’] meant for sale and thereby committed the offences alleged. Petitioner was arrested on 03.07.2025 and she has been in custody since then.

4. Heard Adv.Tony Thomas (Inchiparambil), the learned Counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

5. The learned counsel for the petitioner contended that the prosecution allegations are false and that petitioner has been in custody from 03.07.2025 and hence she ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.

7. Petitioner is alleged to have been found in possession of 1.4 litres of IMFL and indulged in sale of the same and thereby committed the offences alleged. Considering the quantity of liquor seized, I am of the view that the rigour under Section 41A of the Abkari Act stands diluted. In the absence of any other material, except for an allegation that petitioner was found to be indulging in sale of the liquor, there is nothing to attract the offence under Section 55 (i) of the Abkari Act.

In the facts and circumstances of the case, I am of the view that continued detention of the petitioner is not necessary, especially since she is in custody from 03.07.2025. In the result, this bail application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating OfÏcer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

(d) Petitioner shall not commit any similar offences while she is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.