Bail granted under Section 34(2) Excise Act considering custody period and filing of charge-sheet.

The applicant was arrested on 02.02.2026 after a police raid, acting on informer intelligence, allegedly recovered 60 litres of country-made liquor from his possession

A case was registered under Section 34(2) of the Chhattisgarh Excise Act. The applicant moved the High Court for regular bail, contending false implication and noting that the charge-sheet had already been filed

The applicant had two previous criminal antecedents under the Bharatiya Nyaya Sanhita (BNS), which were disclosed in the application

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, considering the nature of the offence and the period of incarceration

Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 (formerly Section 439 CrPC), governing the High Court's power to grant bail

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a punishment ranging from one to three years for illegal possession of liquor

Procedural compliance was mandated under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (recording of statement) of the BNSS/BNS framework

The Court evaluated the gravity of the allegations alongside the progress of the investigation. It noted that the charge-sheet had already been filed, meaning custodial interrogation was no longer required

Although the applicant had criminal antecedents, the Court found they were sufficiently explained in the pleadings

Furthermore, the Court observed that the applicant had been in custody since February 2026 and that the trial was unlikely to conclude in a short duration

Given that the maximum sentence for the offence is three years, the Court determined that continued pretrial detention was unnecessary, provided stringent conditions were imposed to ensure the applicant's presence during trial

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must appear at every hearing (unless excused), and must be personally present for the framing of charges and recording of statements under Section 351 of the BNSS. Failure to comply would allow the trial court to treat the default as an abuse of liberty