### Entitlement to Bail for Excise Offence Following Filing of Charge Sheet and Previous Acquittals

The applicant was arrested on January 4, 2026, following a police search at Outpost Jalbandha, where 5.760 bulk liters of country-made liquor were seized from his possession.

The applicant failed to produce valid documentation for the transport of the liquor and was subsequently charged under Section 34(2) of the Chhattisgarh Excise Act.

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), contending false implication and noting that despite three prior criminal antecedents under the Excise Act, he had been acquitted in all cases.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, considering the quantity of liquor seized, the period of incarceration, and his criminal history.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum of one year and a maximum of three years of imprisonment.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail.

Sections 84, 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS regarding conditions to ensure the applicant's presence during trial.

The Court weighed the nature and gravity of the allegations against the duration of the applicant's detention, noting he had been in jail since January 4, 2026.

While the State opposed the bail due to the recovery of 5.760 bulk liters of liquor and the applicant’s three criminal antecedents, the Court observed that the applicant had been acquitted in all three previous cases.

Reasoning that the charge sheet had already been filed and that the trial's conclusion would likely take a significant amount of time, the Court found the applicant eligible for bail subject to stringent conditions to prevent the abuse of liberty.

The holding is contingent upon the applicant attending all trial dates, refraining from seeking unnecessary adjournments, and appearing for charge framing and recording of statements under Section 351 of the BNSS. Failure to comply would authorize the trial court to treat the default as an abuse of liberty and proceed under Section 269 or 209 of the BNS/BNSS.