Bail granted for excise offense citing clean antecedents, completed investigation, and period of custody.

The applicant, Jalandhar Nag, was arrested in connection with Crime No. 14/2026 registered at Police Station Komakhan for the alleged possession of 9.00 bulk liters of plain country-made liquor.

The prosecution stated that the applicant and a co-accused were apprehended on a motorcycle based on informer information.

The applicant has been in custody since January 27, 2026.

Following the investigation, the charge-sheet was filed before the competent court.

The applicant moved the High Court for regular bail, claiming false implication.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the period of incarceration and lack of criminal antecedents.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court’s discretionary power to grant regular bail.

Section 34(2) of the C.G. Excise Act, which provides a sentencing range of one to three years for the illegal possession of liquor.

The Court also considered judicial principles regarding the filing of the charge-sheet and the absence of criminal history as mitigating factors for pretrial release.

The Court examined the nature and gravity of the allegations involving 9.00 liters of liquor.

It observed that the applicant had no criminal antecedents, a fact corroborated by the State’s counsel.

The Court noted that the investigation was effectively complete as the charge-sheet had already been filed.

Given that the applicant had already spent nearly three months in jail (since 27.01.2026) and the maximum punishment for the offence is three years, the Court reasoned that further detention was unnecessary, especially since the trial was expected to take considerable time to conclude.

The bail is subject to several conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory appearance on all trial dates to avoid proceedings under Section 269 of the Bharatiya Nyaya Sanhita (BNS); (iii) strict compliance with Section 84 BNSS regarding proclamations; and (iv) personal presence during the opening of the case, framing of charges, and recording of statements under Section 351 of the BNSS.