Bail granted in excise offense considering custody duration and charge-sheet filing despite criminal antecedents.

The applicant was arrested on December 21, 2025, in connection with Crime No. 525/2025 at Police Station Basna, District Mahasamund

Acting on a secret tip, police intercepted the applicant and seized 12 liters of country-made liquor from his motorcycle; the applicant failed to produce valid documentation for the same

Consequently, he was charged under Section 34(2) of the C.G. Excise Act

The applicant has two prior criminal antecedents under the Excise Act, one of which is disposed of and the other pending

Having been in custody since the date of arrest and noting that the charge-sheet had been filed, the applicant sought regular bail

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the offense and his criminal history

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

It considered Section 34(2) of the C.G. Excise Act, which mandates a minimum punishment of one year and a maximum of three years for illegal possession/sale of liquor

The Court further integrated conditions based on Section 269 (non-appearance in court) and Section 209 (failure to appear in court after proclamation) of the Bharatiya Nyaya Sanhita (BNS), alongside procedural mandates under Sections 84 and 351 of the BNSS

The Court balanced the gravity of the allegations—specifically the seizure of 12 liters of liquor—against the applicant's period of incarceration since December 2025

While acknowledging the applicant's two criminal antecedents, the Court noted that one case was already disposed of and the charge-sheet in the current matter had been filed

Reasoning that the trial was likely to take significant time to conclude, the Court determined that continued detention was unnecessary

To mitigate the risk of recidivism or abscondence, the Court coupled the grant of bail with stringent conditions, including a prohibition on seeking adjournments during witness examination and mandatory presence at key trial stages

The holding clarified that bail is subject to several conditions: (i) the applicant shall not seek adjournments during evidence; (ii) he must appear on every trial date; and (iii) any violation of bail liberty or failure to appear after a proclamation under Section 84 of the BNSS will trigger proceedings under Sections 209 and 269 of the BNS

The trial court was directed to be informed immediately for compliance