Parity with co-accused and risk assessment justify bail in contraband offences.

O R D E R

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’). 2. Petitioners are accused Nos.3 and 4 in Crime No.667 of

2024 of Meenakshipuram Police Station, Palakkad, registered for the offence punishable under section 55(a) of the Abkari Act, 1077.

3. According to the prosecution, on 04.11.2024, accused were found in possession of 350 litres of spirit and pursuant to the confessional statement of accused Nos.1 and 2, a further 1090 litres of spirit was seized from the residence of the petitioners and thereby the accused committed the offences alleged. Petitioners were arrested on

11.07.2025, and they have been in custody since then.

4. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners have been in custody since 11.07.2025, hence further detention is not necessary.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioners ought not to be released on bail. 7. Petitioners are alleged to have been in possession of 350 litres of spirit and pursuant to confessional statement, a further 1090 litres of spirit was seized from the residence of the petitioners. Though the allegations are serious, it is noticed that the second accused, after being arrested on 04.11.2024, was granted bail on 06.12.2024. The second accused is the person from whose custody the contraband was seized while petitioners have been roped in as accused based on the confessional statements.

8. Considering the above circumstances, especially the fact that bail was granted to the second accused from whose possession the contraband was seized, I am of the view that a parity can be drawn with the said accused. Hence, the petitioners are entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

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

(b) Petitioners shall appear before the Investigating Officer as and when required.

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

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners 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.