Absence of criminal history and filing of charge-sheet justify grant of bail in excise offenses.

The applicant, Dayanidhi Sav, was arrested on December 20, 2025, in connection with Crime No. 337/2025 registered at Police Station Pusour, District Raigarh

The prosecution alleged that following a raid based on informant data, 30 bulk liters of country-made liquor were seized from the applicant’s possession

Consequently, the applicant was charged under Sections 34(2) and 56(A) of the C.G. Excise Act

The applicant filed this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing he was falsely implicated and highlighting his lack of criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the offence and the duration of his pretrial detention

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

Substantively, the case involved Sections 34(2) and 56(A) of the C.G. Excise Act, which prescribe a minimum punishment of one year and a maximum of three years for the unlawful possession of liquor

The court also invoked procedural and penal safeguards under Sections 84, 209, 269, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS) to ensure the applicant’s compliance with bail conditions

The court evaluated the facts and circumstances by balancing the gravity of the allegations against the applicant's personal liberty. It specifically noted that the applicant had no prior criminal record

Furthermore, the court observed that the charge-sheet had already been filed before the competent court, and the applicant had been incarcerated since December 20, 2025

Given that the maximum punishment for the offence is three years and the trial was expected to take considerable time to conclude, the court reasoned that continued detention was not warranted

The court addressed the State's opposition regarding the quantity of liquor by imposing stringent conditions to ensure the applicant does not misuse his liberty or delay the trial process

The holding was subject to several conditions: the applicant must not seek adjournments when witnesses are present, must appear personally for framing of charges and recording of statements, and must comply with all trial court dates. Failure to comply would allow the trial court to initiate proceedings under Sections 209 and 269 of the BNS or Section 84 of the BNSS