Bail granted for excise offense where applicant has single criminal antecedent and charge-sheet is filed.

The applicant was arrested on January 15, 2026, in connection with Crime No. 12/2026 for allegedly possessing 42.840 bulk liters of country-made liquor jointly with co-accused persons near Ganj, Raipur.

The applicant moved his first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The prosecution opposed the bail on the grounds that the applicant has two criminal antecedents, including a pending case from 2025 under the Excise Act.

The applicant contended he was falsely implicated and that the contraband was not in his exclusive possession.

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

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for illegal possession of liquor.

Section 112(2) of the Bharatiya Nyaya Sanhita (BNS).

The Court also assessed the principles of criminal antecedents and the likelihood of trial duration in the exercise of judicial discretion.

The Court evaluated the gravity of the allegations against the applicant alongside the procedural status of the case.

It noted that while the prosecution claimed the applicant had two antecedents, only one was substantiated as being under the Excise Act from 2025.

The Court observed that the applicant had been in custody since January 15, 2026, and that the investigation had progressed to the filing of the charge-sheet.

Benchmarking the quantity of liquor seized (42.840 liters) against the fact that it was a "joint possession" and the trial was unlikely to conclude imminently, the Court determined that further detention was not warranted.

The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to conditions including: (i) an undertaking not to seek unnecessary adjournments, (ii) mandatory presence on all trial dates under pain of Section 269 BNS, and (iii) strict appearance for the framing of charges and recording of statements under Section 351 BNSS.