Bail granted where charge-sheet is filed, antecedents are absent, and trial likely to be prolonged.

The applicant, Hira Bai Ratre, was arrested in connection with Crime No. 64/2026 registered at Police Station Excise Circle Mahasamund Antrik for alleged offences under Sections 34(1)(a), 34(2), 36 and 59-A of the Chhattisgarh Excise Act.

On the basis of secret information, excise officials conducted a raid and allegedly recovered country-made liquor from her possession.

The judgment records the seized quantity as 34.6 litres in the prosecution’s case and 36.6 litres in portions concerning the State’s opposition and the Court’s reasoning.

The applicant allegedly failed to produce documents or authority for possessing the liquor.

She had been in custody since 26 June 2026, the charge-sheet had been filed, and she had no criminal antecedents.

She therefore sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Court applied Section 483 of the BNSS, which empowers the High Court to grant regular bail to an accused in custody.

The alleged offences were governed by Sections 34(1)(a), 34(2), 36 and 59-A of the Chhattisgarh Excise Act.

In deciding bail, the Court considered the nature and gravity of the allegations, the quantity of the alleged contraband, the applicant’s period of custody, the filing of the charge-sheet, the existence or absence of criminal antecedents, and the likelihood of delay in conclusion of the trial.

The Court acknowledged the allegation that country-made liquor had been recovered from the applicant and noted the quantity referred to in the record as 36.6 litres.

However, it gave decisive weight to the fact that the applicant had no criminal antecedents, had remained in custody since 26 June 2026, and that the charge-sheet had already been filed, reducing the need for further custodial detention.

Since the trial was likely to take time, the Court considered continued incarceration disproportionate at the bail stage and concluded that the applicant was entitled to bail notwithstanding the State’s objection based on the quantity seized.

The High Court directed that Hira Bai Ratre be released on bail upon furnishing a personal bond with two sureties for the like amount to the satisfaction of the concerned trial court.

Bail was subject to conditions requiring her not to seek unnecessary adjournments when witnesses were present, to remain present before the trial court as directed, and to appear personally on the dates fixed for opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS.

The order also authorized the trial court to take action in accordance with law in the event of misuse of bail or unjustified absence.