Absence of criminal antecedents and filing of charge-sheet justify regular bail under Section 34(2), Excise Act.

The applicant was arrested on January 21, 2026, in connection with Crime No. 10/2026 for the alleged possession of 30 bulk liters of country-made Mahuwa liquor found at his residence

He was charged under Section 34(2) of the Chhattisgarh Excise Act

The applicant moved for regular bail, contending that the liquor was not in his exclusive possession and highlighting that he had no prior criminal record

The State acknowledged that the charge-sheet had already been filed and confirmed the applicant’s lack of criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, given the nature of the offense and the progress of the trial

Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

Section 34(2) of the Chhattisgarh Excise Act, noting the sentencing range of one to three years

Procedural mandates from the BNSS, specifically Section 269 (consequences of non-appearance), Section 84 (proclamation for person absconding), Section 209 (punishment for non-appearance in obedience to court order), and Section 351 (recording of statement of the accused) to frame the conditions of bail

The Court’s reasoning centered on the proportionality of continued detention versus the circumstances of the case.

It noted that the applicant had no previous criminal antecedents, a fact endorsed by the State

Furthermore, because the charge-sheet had already been filed and the applicant had been in custody since January 21, 2026, the Court found that his further incarceration was not required for investigation

Recognizing that the trial was likely to take a significant amount of time and considering the maximum prescribed punishment for the offense is three years, the Court determined that the applicant was entitled to bail provided strict conditions were met to ensure his participation in the trial

The holding emphasized that the grant of liberty is subject to strict conditions: the applicant must not seek adjournments during the evidence stage, must appear personally for the framing of charges and recording of statements under Section 351 of the BNSS, and must face immediate proceedings under Sections 209 and 269 of the BNS/BNSS in the event of default or abuse of liberty

The trial court was instructed to treat any deliberate absence as an abuse of the liberty of bail