Bail granted for excise offense citing absence of criminal antecedents and completed investigation.

The applicants were arrested on December 31, 2025, following a police raid in Village Sukhipali, District Mahasamund

The prosecution alleged that 40 bulk liters of country-made liquor were seized from the joint possession of the two applicants

An offence was subsequently registered under Section 34(2) of the C.G. Excise Act

The applicants approached the High Court seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing that they were falsely implicated, had no prior criminal record, and that the investigation was complete as the charge-sheet had been filed

Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the quantity of liquor seized and their period of incarceration

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

Section 34(2) of the Chhattisgarh Excise Act regarding the illegal possession of liquor

procedural and penal consequences for bail default under Sections 84 (proclamation for absconding), 209 (non-appearance), and 351 (recording of accused statement) of the BNSS, as well as Section 269 of the Bharatiya Nyaya Sanhita (BNS)

The Court balanced the nature and gravity of the allegations against the procedural history and the conduct of the applicants.

It specifically noted that the charge-sheet had already been filed before the competent court, suggesting that custodial interrogation was no longer required

A significant factor in the court's reasoning was that the applicants had no previous criminal antecedents, which mitigated the risk of recidivism

Furthermore, the Court considered that the applicants had been in jail since December 31, 2025, and acknowledged that the trial would likely not conclude in the near future

Despite the State's opposition based on the 40-liter seizure, the Court found that the circumstances favored the grant of liberty over continued pre-trial detention

The holding was conditioned upon the execution of personal bonds with two sureties each and strict adherence to trial proceedings

Specifically, the Court mandated that the applicants must not seek adjournments when witnesses are present, must appear on all fixed dates, and must be present for the framing of charges and recording of statements under Section 351 of the BNSS; any default would be treated as an abuse of the liberty of bail