Grant of regular bail in excise cases where investigation is complete and charge-sheet is filed, subject to strict conditions and the outcome of the FSL report regarding the nature of the liquor.

ORDER

This is first application filed by the applicant under Section 483 of the B.N.S.S. for grant. The applicant has been arrested on 04.12.2025 in connection with Crime No.548/2025 registered at Police Station - Excise District - Karera (M.P.) for the offence under Section 49(A) and 34(1) of M.P. Excise Act .

As per the prosecution case, the allegation against the present applicant is that 13.5 liters of illicit poisonous liquor were seized from the possession of the present applicant for which he had no valid licence.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 04.12.2025. Investigation is over and charge-sheet has already been filed. The offence is triable by JMFC. The applicant is permanent resident of District Shivpuri (M.P.), therefore, there is no likelihood of his absconding or tampering with the prosecution evidence. It is further submitted that applicant is ready and willing to abide by all the terms and conditions imposed by this Court. No further custodial interrogation is required in the matter. Conclusion of the trial will take sufficiently long time. Hence, prayed for grant of regular bail to the applicant.

Learned counsel for the State has vehemently opposed the prayer on the basis of criminal record and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary.

Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case and the nature of offence, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

ii) The applicant will cooperate in the investigation /trial, as the case may be;

iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future.

v) The applicant shall mark his presence before the police station concerned on 1st Sunday of every month till the conclusion of the trial, failing which this bail application shall automatically cancelled.

vi) It is made clear that if the FSL report is found positive and the liquor is found poisonous/unfit for human consumption, then this bail order shall stand automatically cancelled and the applicant shall surrender before the concerned court immediately.

vii) The applicant will not seek unnecessary adjournments during the trial; and

viii) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application is allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.