Bail may be granted under Section 34(2) of the CG Excise Act despite criminal antecedents if the charge-sheet is filed.

The applicant was arrested on 23.01.2026 following a police search in front of his shop in Akaltara, where 30 litres of handmade liquor were seized from his possession

He was charged under Section 34(2) of the C.G. Excise Act

The applicant moved the High Court for regular bail, contending false implication and noting that he had been in custody since the date of arrest

Although the applicant had three criminal antecedents (two under the NDPS Act and one under the IPC), his counsel provided explanations for these in the bail application

The State opposed the bail, arguing the applicant was a habitual offender

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, despite having prior criminal antecedents

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail

Section 34(2) of the C.G. Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for illegal possession of liquor

The Court also referenced procedural obligations under Sections 84 (proclamation for person absconding), 209 (non-appearance), 269 (non-attendance), and 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS to ensure the integrity of the trial process

while acknowledging the State's concern regarding the applicant’s three criminal antecedents [para. 4], the Court noted that an explanation for these cases had been provided and that the trials for those matters were still pending

Key factors favoring the applicant included the fact that the charge-sheet had already been filed, the applicant had served over three months in custody, and the trial was unlikely to conclude imminently

The Court reasoned that continued detention was not warranted provided stringent conditions were imposed to ensure the applicant's presence during trial and prevent the abuse of liberty

The applicant was ordered to be released on a personal bond with two sureties, subject to several conditions: (i) he must not seek unnecessary adjournments; (ii) he must appear on every trial date or face proceedings under Section 269 of the BNS; (iii) any failure to appear after a proclamation would trigger proceedings under Section 209 of the BNS; and (iv) he must be present in person for specific trial milestones like framing of charges