Bail granted under Section 483 BNSS where accused has no criminal antecedents and charge-sheet is filed.

The applicants were arrested on 07.01.2026 in connection with Crime No. 05/2026 at Police Station Patewa

The prosecution alleged that, acting on secret information, the police seized 69.120 bulk litres of illicit country-made liquor from the applicants' possession

The applicants moved the High Court for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), contending false implication, political vendetta, and a lack of criminal antecedents

The State opposed the bail, noting that the charge-sheet had already been filed

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the offence and the period of incarceration

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail

It further considered Section 34(2) of the C.G. Excise Act, which prescribes penalties for the possession of illicit liquor

Procedural compliance and conditions for liberty were grounded in Sections 84, 209, 269, and 351 of the BNSS and the Bharatiya Nyaya Sanhita (BNS)

The Court weighed the gravity of the allegations against the fact that the applicants had no prior criminal record

Significant weight was given to the procedural status of the case, specifically that the investigation was complete and the charge-sheet had already been filed before the competent court

The Court observed that the applicants had been in judicial custody since January 2026 and that the trial would likely consume a considerable amount of time

Recognizing that the purpose of bail is to ensure the presence of the accused at trial rather than to serve as pre-trial punishment, the Court determined that the applicants were unlikely to abscond or tamper with witnesses if released under stringent conditions

The holding was contingent upon the applicants furnishing a personal bond with two local sureties each. The Court imposed several conditions: the applicants must not seek adjournments during evidence, must remain present on all trial dates (subject to Section 269 of the BNS for absence), and must appear specifically for the opening of the case, framing of charges, and recording of statements under Section 351 of the BNSS. Any abuse of liberty would allow the trial court to initiate proceedings under Section 209 of the BNS or revoke bail