Bail granted for excise offense where applicant lacked criminal antecedents and charge-sheet was filed.

The applicant, Gurupreet Sai, was arrested on February 28, 2026, by the Aasta Police in Jashpur district after a search based on secret information led to the seizure of 26 quarters of foreign liquor and 8 bottles of beer (totaling 28.68 bulk liters) from his possession.

Following the investigation, a charge-sheet was filed under Sections 34(1)(A) and 34(2) of the Chhattisgarh Excise Act.

The applicant moved the High Court seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he had no prior criminal record and had been in custody for several months.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of liquor seized and his lack of criminal antecedents?

Section 34(1)(A) and 34(2) of the Chhattisgarh Excise Act, noting that Section 34(2) prescribes a minimum punishment of one year and a maximum of three years.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of bail.

Section 269 of the Bharatiya Nyaya Sanhita (BNS) for non-appearance and Section 84 of the BNSS regarding proclamations for absconding persons.

The court balanced the gravity of the allegations against the applicant’s personal liberties and procedural status. It observed that the investigation was effectively complete as the charge-sheet had already been filed.

Crucially, the court noted that the applicant had no prior criminal record and had been incarcerated since late February 2026.

Given that the maximum sentence for the alleged offense is three years and that the trial was likely to take significant time to conclude, the court reasoned that continued pre-trial detention was not warranted, provided sufficient safeguards were in place to ensure the applicant’s cooperation with the judicial process.

The holding is subject to strict conditions: the applicant must not seek unnecessary adjournments, must appear personally on key trial dates (charge framing, evidence, etc.), and must comply with requirements under Sections 209 and 269 of the BNS regarding presence and conduct. The application was disposed of with a direction to notify the trial court for immediate compliance.