Bail Granted Under Excise Act for First-Time Offender Following Filing of Charge-Sheet

The applicant was arrested on February 24, 2026, following a police raid at her residence in Village Mudpar-Barari, where 42 bulk litres of illicit liquor were allegedly seized.

A case was registered under Section 34(2) of the Chhattisgarh Excise Act.

The applicant approached the High Court for regular bail, contending she was falsely implicated, had no prior criminal record, and that the investigation was complete with the filing of the charge-sheet.

The State opposed the application but confirmed the absence of criminal antecedents and the completion of the charge-sheet.

1. Whether the applicant is entitled to grant of regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, considering the nature of the offence and her criminal history.

The court applied Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

Section 34(2) of the Chhattisgarh Excise Act, noting the prescribed punishment ranges from a minimum of one year to a maximum of three years.

The court also referenced Sections 269, 84, 209, and 351 of the BNS/BNSS to stipulate conditions for maintaining the liberty of bail and ensuring the applicant's presence during trial.

The Court evaluated the necessity of continued incarceration against the backdrop of the "bail is the rule, jail is the exception" principle.

It observed that the investigation had concluded with the filing of the charge-sheet, and the applicant had been in custody since February 24, 2026.

Key to the court’s reasoning was the fact that the applicant had no previous criminal antecedents.

Furthermore, the Court noted that given the maximum potential sentence is three years and the trial is likely to be protracted, continued detention was not warranted.

The court balanced the State's concerns by imposing stringent procedural conditions to ensure the applicant does not misuse her liberty or delay the trial.

The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to conditions including: appearing on all trial dates, not seeking unnecessary adjournments, and appearing personally for the framing of charges and recording of statements under Section 351 of BNSS.

The Court warned that any default or misuse of liberty would allow the trial court to proceed under Sections 209 and 269 of the BNS.