Facts
The applicant was arrested on January 19, 2026, in connection with Crime No. 43/2026 at Police Station Sirgitti, District Bilaspur
Source reference: p. 1, para. 1, 3The prosecution alleged that following a raid based on informant information, 6.300 bulk liters of country-made liquor and Rs. 3,100/- were seized from the applicant’s possession
Source reference: p. 2, para. 2Consequently, the applicant was charged under Section 34(2) of the C.G. Excise Act.
Source reference: p. 2, para. 2The applicant argued that he was falsely implicated and noted that although he had one criminal antecedent under the Bharatiya Nyaya Sanhita (BNS), he had no history of similar excise offenses
Source reference: p. 2, para. 3At the time of the hearing, the charge-sheet had already been filed
Source reference: p. 2, para. 3-4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, given the nature of the offense and the duration of his pretrial detention
Source reference: p. 1, para. 1; p. 2, para. 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC), regarding the High Court's power to grant regular bail
Source reference: p. 1, para. 1Section 34(2) of the C.G. Excise Act, which carries a sentencing range of one to three years
Source reference: p. 2, para. 3Section 269 of the BNS regarding non-appearance, Section 84 of the BNSS regarding proclamations for absconding persons, Section 209 of the BNS regarding non-appearance after a proclamation, and Section 351 of the BNSS regarding the recording of the accused's statement
Source reference: p. 3-4, para. 7Reasoning
The Court evaluated the gravity of the allegations and the specific circumstances of the applicant. It observed that the quantity of liquor seized was 6.300 bulk liters and noted the statutory punishment for the offense is relatively short (maximum three years)
Source reference: p. 2, para. 2-3The Court placed significant weight on the fact that while the applicant had a prior criminal record under the BNS, he had no "criminal antecedents of the similar nature" (excise offenses)
Source reference: p. 2-3, para. 3, 6The Court noted that the investigation was complete as the charge-sheet had been filed, and since the applicant had been in jail since January 19, 2026, his continued detention was unnecessary given that the trial would likely be protracted
Source reference: p. 3, para. 6Holding
The Court allowed the bail application and ordered the applicant’s release on bail upon furnishing a personal bond with two sureties
The holding was made subject to several conditions: (i) the applicant must not seek adjournments during witness evidence; (ii) he must appear on all trial dates or face proceedings under Section 269 of the BNS; (iii) any misuse of bail leading to a proclamation under Section 84 of the BNSS will trigger proceedings under Section 209 of the BNS; and (iv) he must be personally present for the framing of charges and his statement under Section 351 of the BNSS
Source reference: p. 3-4, para. 7Original Court PDF
SALMAN KHANvsSTATE OF CHHATTISGARH
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