Facts
The applicant was arrested on January 4, 2026, after police intercepted his vehicle (No. OR-02-BL-7117) near Mrigadand Mod based on a tip-off regarding the illegal transportation of liquor
Source reference: [para. 2]A search yielded 22 bottles of Jammu Special Whisky and 8 bottles of Royal Stag Deluxe Whisky, totaling 6.960 bulk liters
Source reference: [para. 2, 4]The applicant failed to produce a valid permit, leading to his arrest and remand under Section 34(2) of the C.G. Excise Act
Source reference: [para. 2]The prosecution noted that the applicant has nine criminal antecedents: seven under Istaghasa, one under the Bharatiya Nyaya Sanhita (BNS), and one under the Motor Vehicles Act
Source reference: [para. 3]Following the completion of the investigation, a charge-sheet was filed before the competent court
Source reference: [para. 2]Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, given his period of incarceration, the nature of the offense, and his criminal history
Source reference: [para. 1, 6]Law Applied
The Court exercised its jurisdiction under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for the grant of regular bail
Source reference: [para. 1]The substantive charge pertained to Section 34(2) of the C.G. Excise Act, which carries a minimum sentence of one year and a maximum of three years
Source reference: [para. 1, 3]Section 269 of the Bharatiya Nyaya Sanhita (regarding absence from trial)
Source reference: [para. 8(ii)]Section 84 of the BNSS (proclamations for absconding persons)
Source reference: [para. 8(iii)]Section 351 of the BNSS (recording of statements)
Source reference: [para. 8(iv)]Reasoning
The Court balanced the gravity of the offense against the duration of the applicant's detention and the progress of the legal proceedings.
Source reference: [para. 6]The applicant had been in jail since January 4, 2026, and that the investigation was complete with the charge-sheet already filed
Source reference: [para. 6]While the State opposed bail on the grounds that the applicant is a habitual offender with nine antecedents, the Court observed that seven of those cases were Istaghasa (preventive/petty) matters and that the quantity of liquor seized (6.960 bulk liters) was not excessively high
Source reference: [para. 4, 6]Reasoning that the trial's conclusion would take significant time, the Court found it fit to grant bail, provided stringent procedural safeguards were implemented to prevent the abuse of liberty
Source reference: [para. 6, 8]Holding
The High Court allowed the first bail application and ordered the applicant’s release on a personal bond with two sureties
The holding is conditioned upon the applicant’s strict adherence to trial schedules: he must not seek adjournments during witness testimony, must appear on every date fixed by the trial court, and must be present in person for the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: [para. 8(i), 8(ii), 8(iv)]Failure to comply with these conditions authorizes the trial court to initiate proceedings under Section 209 of the BNS and revoke the liberty of bail
Source reference: [para. 8(iii)-(iv)]Original Court PDF
MUNESHWAR YADAVvsSTATE OF CHHATTISGARH
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