Absence of criminal antecedents and proof of complicity in contraband transportation warrants grant of regular bail.

The applicant was arrested on 11.12.2025 in connection with Crime No. 186/2025 after police discovered an unattended Bolero vehicle, registered in the name of the applicant’s wife, containing 4 bottles of liquor and 198 bottle caps

The applicant contended that he had lent the vehicle to third parties (Krishu and Pappu) for a medical emergency and was unaware of the illicit activities

Following an order by the Hon’ble Supreme Court in SLP (Crl) No. 3432/2026, which expedited the hearing, the High Court considered this first bail application under the new procedural laws

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the evidence and his period of incarceration

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail

The substantive offences were registered under Section 34(1) of the C.G. Excise Act and Sections 281 and 111(3) of the Bharatiya Nyaya Sanhita (BNS)

The Court also noted the sentencing limits under Section 34 of the Excise Act, which range from one to three years

Procedural compliance during bail was linked to Sections 209, 269, and 351 of the BNS and Section 84 of the BNSS

The Court noted that the applicant had no prior criminal antecedents

It evaluated the defense that the vehicle was owned by the applicant's wife and was being used by third parties for a medical purpose at the time of the incident

The Court found a lack of evidence to suggest that the applicant had knowledge of or provided assistance in the transportation of the liquor

Furthermore, considering the small quantity of contraband (4 bottles) and the applicant’s period of custody since December 2025, the Court reasoned that since the trial would take considerable time, the applicant met the criteria for release

The holding was contingent upon several conditions: the applicant must not seek unnecessary adjournments [para 8(i)], must appear personally for key trial stages including the framing of charges and recording of statements under Section 351 of the BNSS [para 8(iv)], and faces proceedings under Section 209 of the BNS if he fails to appear after a proclamation