Bail granted under Excise Act considering clean criminal antecedents and completion of investigation.

On November 23, 2025, police officials conducted a road blockade near D.K. College. Upon signaling a vehicle (bearing registration no. CG/22/AC/7587) to stop, the occupant abandoned the vehicle and fled the scene

A subsequent search of the vehicle resulted in the recovery of 31.860 bulk liters of illicit liquor

The applicant was arrested on December 22, 2025, in connection with Crime No. 1138/2025 at Police Station Balodabazar for offenses under the Excise Act

This is the applicant's first bail application before the High Court

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for the alleged offense under Section 34(2) of the Excise Act

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

The substantive offense was considered under Section 34(2) of the Chhattisgarh Excise Act, which pertains to the illegal possession or transportation of liquor

The Court invoked procedural safeguards under Sections 84, 209, 269, and 351 of the BNSS to impose conditional liberty and ensure the applicant's presence during trial

The Court evaluated the application by balancing the gravity of the offense against the period of incarceration and the progress of the investigation.

The Court noted that the applicant had been in custody since December 22, 2025

Crucially, the State Counsel informed the Court that the charge-sheet had already been filed, indicating that custodial interrogation was no longer required

The Court took into account the applicant's clean criminal record, noting he has no previous antecedents

Given that the trial's conclusion would likely take significant time and there was no evidence suggested by the State that the applicant would tamper with evidence or abscond, the Court found it fit to exercise its discretion in favor of granting bail

The holding clarified that the applicant must strictly adhere to several conditions: he must not seek adjournments when witnesses are present, must appear on every trial date, and must be present for the framing of charges and recording of statements under Section 351 of the BNSS

Any violation of these conditions allows the trial court to treat the default as an abuse of the liberty of bail and proceed in accordance with law