Bail is permissible in excise offenses where investigation is complete and past criminal antecedents were misstated.

The applicant, Vinayak Verma, was arrested in connection with Crime No. 179/2026 for allegedly transporting 16.200 bulk liters of illicit country-made plain liquor on an unnumbered motorcycle.

This is the applicant’s second bail application; the first (MCRC No. 4834/2026) was withdrawn on May 21, 2026, due to a disputed submission regarding the number of criminal antecedents.

The applicant contended that he was falsely implicated, the mandatory seizure provisions were not followed, and the charge sheet had already been filed.

The State opposed the bail, citing one prior criminal antecedent from 2025.

1. Whether the applicant is entitled to the grant of regular bail under the facts and circumstances of the case, specifically considering the nature of the offense and the period of pre-trial detention.

The court primarily applied Section 439 of the Code of Criminal Procedure (corresponding to the relevant bail provisions under the new Bharatiya Nagarik Suraksha Sanhita).

Section 34(2) of the Chhattisgarh Excise Act, which penalizes the unlawful transport or possession of liquor exceeding a specified quantity.

Procedural conduct requirements under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 209 (non-appearance) and 269 (absenting without cause), and Section 84 of the BNSS regarding proclamations for absconding persons.

The court evaluated the applicant's prayer based on the length of his pre-trial detention and the current status of the investigation. It noted that the investigation was effectively complete as the charge sheet had already been filed.

While the State pointed to a criminal antecedent from 2025, the court balanced this against the fact that the offense is triable by a Judicial Magistrate First Class (JMFC).

The court did not find it necessary to keep the applicant in further custody pending trial, provided that stringent conditions were imposed to ensure his presence during evidence-gathering and to prevent the abuse of liberty.

The holding is subject to conditions including: an undertaking not to seek unnecessary adjournments, mandatory presence during key trial stages (framing of charges/statement recording under Section 351 BNSS), and a provision that the State may seek cancellation of bail if the applicant engages in similar criminal activity in the future.