Facts
The Applicants, Chandrama Ratre and Fagni Bai Ratre, were arrested on 05.04.2026 in connection with Crime No. 41/2025 at Police Station Khallari, District Mahasamund
Source reference: para. 2, 3Following a secret tip, the police seized 19 liters of Mahua liquor from their possession
Source reference: para. 2The Applicants were charged under Section 34(2) of the C.G. Excise Act
Source reference: para. 1The Applicants moved the High Court for regular bail, contending they were falsely implicated, had no prior criminal record, and that the charge-sheet had already been filed
Source reference: para. 3Issues
Whether the Applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of liquor seized and the duration of their incarceration
Source reference: para. 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: para. 1Section 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
Source reference: para. 3Procedural compliance was mandated under Section 269 of the Bharatiya Nyaya Sanhita (BNS) for non-appearance, Section 84 of the BNSS for proclamations, Section 209 of the BNS for failure to appear after proclamation, and Section 351 of the BNSS for recording statements
Source reference: para. 7Reasoning
The court evaluated the gravity of the allegations involving the seizure of 19 liters of Mahua liquor against the mitigating factors presented by the defense
Source reference: para. 6It noted that the Applicants had no criminal antecedents and had already been in custody since 05.04.2026
Source reference: para. 3, 4The court emphasized that the investigation was effectively complete as the charge-sheet had been filed
Source reference: para. 6Given that the maximum sentence for the offense is three years and the trial was expected to take considerable time, the court determined that further pre-trial detention was not warranted
Source reference: para. 3, 6Holding
The court allowed the bail application and ordered the release of the Applicants on furnishing a personal bond with two sureties
The holding is contingent upon several conditions: the Applicants must not seek unnecessary adjournments, must be present for all trial dates (specifically for framing charges and recording statements under Section 351 BNSS), and any misuse of liberty or failure to appear under Section 84 BNSS will result in proceedings under Section 209 BNS
Source reference: para. 7Original Court PDF
CHANDRAMA RATREvsSTATE OF CHHATTISGARH
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