Absence of criminal antecedents and completion of investigation justify grant of bail in excise offences.

The applicant was arrested on January 14, 2026, in connection with Crime No. 12/2026 at Police Station Ganj, Raipur

Acting on a tip-off, police conducted a raid and seized 42.840 bulk liters of "country made masala Shole liquor" from the joint possession of the applicant and three co-accused

The applicant was charged under Section 34(2) of the C.G. Excise Act and Section 112(2) of the Bharatiya Nyaya Sanhita (BNS), 2023

Following the filing of the charge-sheet, the applicant sought regular bail from the High Court

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the period of incarceration and the nature of the offense

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant bail

Section 34(2) of the C.G. Excise Act, noting the sentencing range of one to three years for the illegal possession of liquor

procedural safeguards and penalties for non-compliance during trial as stipulated under Sections 84, 209, 269, and 351 of the BNSS and BNS

The Court’s decision to grant bail was based on a balancing of the gravity of the allegations against the applicant's personal history and procedural status.

The Court noted that the applicant has no prior criminal antecedents, which served as a significant factor in his favor

It further observed that the investigation was effectively complete, as the charge-sheet had already been filed before the competent court

Regarding the duration of custody, the Court took into account that the applicant had been jailed since January 14, 2026, and that the trial was unlikely to conclude in the near future

Despite the State’s objection based on the volume of liquor seized (42.840 liters), the Court determined that the applicant's continued detention was not warranted under the circumstances

The holding is subject to several conditions: the applicant must not seek adjournments during witness examination [para. 7(i)]; he must appear personally or through counsel on all fixed dates, failing which he faces proceedings under Section 269 of the BNS [para. 7(ii)]; and he must be personally present for the framing of charges and recording of statements under Section 351 of the BNSS [para. 7(iv)]. Any misuse of bail or failure to appear following a proclamation under Section 84 of the BNSS will trigger proceedings under Section 209 of the BNS