Criminal antecedents do not preclude regular bail where charge-sheet is filed and trial is prolonged.

The applicant was arrested on January 25, 2026, in connection with Crime No. 71/2026 registered at Police Station Balodabazar.

Based on secret information, police conducted a search near Latuwa Shukkabhatha Road and allegedly seized 7.020 bulk litres of country-made “Romeo Masala” liquor from the applicant and a co-accused.

The applicant was charged under Section 34(2) of the Chhattisgarh Excise Act.

Following the investigation, a charge-sheet was filed.

The applicant has been in custody since the date of arrest and has one previous criminal antecedent under the Excise Act.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, in view of the nature of the offence and the duration of pretrial detention.

The court applied Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, which provides the procedural framework for regular bail.

The substantive offence is governed by Section 34(2) of the Chhattisgarh Excise Act, which carries a minimum punishment of one year and a maximum of three years.

The court referenced Sections 84, 209, 269, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS) to establish conditions for the applicant’s conduct and appearance during the trial.

The Court examined the facts and circumstances, noting that while the applicant has a previous criminal record under the same Act, the charge-sheet in the present matter has already been filed.

The Court balanced the gravity of the allegations—involving 7.020 bulk litres of liquor—against the fact that the applicant had been in jail since January 25, 2026.

Observing that the maximum prescribed punishment for the offence is three years and that the trial’s conclusion is likely to take considerable time, the Court reasoned that further incarceration was not warranted.

The Court emphasized that the applicant must adhere to strict procedural conditions to ensure he does not abuse the liberty of bail or delay the trial process.

The holding is subject to specific conditions: (i) the applicant shall not seek adjournments when witnesses are present; (ii) the applicant must appear personally on every hearing date unless excused, per Section 269 of BNS; (iii) any failure to appear following a proclamation under Section 84 of BNSS will trigger proceedings under Section 209 of BNS; and (iv) the applicant must be present for the opening of the case, framing of charges, and recording of statements under Section 351 of BNSS.