Bail permissible for excise offences despite criminal antecedents upon charge-sheet filing and trial delay.

The applicant was arrested on January 4, 2026, following a police raid where 30 liters of Mahua liquor were allegedly seized from his possession

A case was registered under Section 34(2) of the Chhattisgarh Excise Act at Police Station Civil Line, Rampur.

The applicant has been in custody since the date of his arrest, and the charge-sheet has already been filed

It was noted that the applicant has one prior criminal antecedent under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which is currently pending

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, given the filing of the charge-sheet and the nature of his criminal history

Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), which provides the High Court with the power to grant regular bail

Section 34(2) of the Chhattisgarh Excise Act, which carries a sentencing range of one to three years

Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-appearance

Section 84 of the BNSS regarding proclamations for absconding persons

Although the State opposed bail due to the applicant’s prior NDPS antecedent [para 4], the Court noted that the charge-sheet in the present case had already been filed

The Court reasoned that since the maximum punishment for the offense is three years and the applicant had been in jail since early January 2026, further detention was unnecessary as the trial was likely to be protracted

The Court determined that the applicant's liberty could be protected while ensuring the integrity of the trial through the imposition of strict conditions, including an undertaking against seeking adjournments and mandatory personal appearances at key trial stages

The Court held that the conclusion of the trial would take time and that the applicant's continued detention was not warranted under the circumstances

The grant of bail was made subject to several conditions: the applicant must not seek adjournments when witnesses are present [para 7(i)], must appear on all fixed dates [para 7(ii)], and must be present for the framing of charges and recording of statements under Section 351 of the BNSS