Bail granted in Excise Act case involving substantial criminal antecedents where charge-sheet was already filed.

The applicants were arrested on 02.01.2026 in connection with Crime No. 03/2026 at Police Station Saraswati Nagar, Raipur, for the alleged illegal possession of 90 quarters of country-made liquor.

The prosecution alleged that the seizure was made based on secret information, and the applicants failed to produce valid documentation.

Applicant No. 1 has five criminal antecedents (NDPS and IPC), and Applicant No. 2 has thirteen criminal antecedents (Excise Act, IPC, and Arms Act).

The applicants moved the High Court for regular bail after the charge-sheet was filed.

Whether the applicants are entitled to grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the quantity of contraband seized and their significant criminal history.

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

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

Procedural compliance was mandated under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS respectively.

The Court balanced the gravity of the allegations and the applicants' extensive criminal records against the period of incarceration already undergone and the nature of the recovery.

Although the State opposed bail citing the applicants' prior records (5 and 13 cases respectively), the Court noted that the quantity seized was relatively small (90 quarters).

The Court observed that the applicants had been in jail since January 2, 2026, the charge-sheet had already been filed, and the trial was expected to take a considerable amount of time. Consequently, the Court determined that continued pretrial detention was not warranted, provided strict conditions were imposed to ensure the applicants' participation in the trial.

The holding is conditioned upon the applicants: (i) not seeking unnecessary adjournments, (ii) remaining present on all trial dates as per BNS/BNSS requirements, and (iii) appearing personally for the framing of charges and recording of statements. Failure to comply would allow the trial court to treat the default as an abuse of the liberty of bail.