Filing of charge-sheet and absence of criminal antecedents justify regular bail for illicit liquor possession.

The applicants were arrested on January 30, 2026, following a police raid in the forest area of village Dhod, District Mahasamund.

Acting on secret information, the police allegedly found the applicants in joint possession of 49 liters of illicit country-made Mahua liquor (stored in one 29-liter drum and two 10-liter jerrycans).

The applicants failed to produce a valid license or authorization for the liquor, leading to the registration of Crime No. 12/2026 under Section 34(2) of the Chhattisgarh Excise Act, 2015.

The applicants have been in custody since the date of arrest, and the charge-sheet has subsequently been filed before the competent court.

Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the quantity of liquor seized and their lack of criminal antecedents.

Section 34(2) of the Chhattisgarh Excise Act, 2015, which stipulates a minimum punishment of one year and a maximum of three years for the illegal possession/transportation of liquor.

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

Procedural compliance under Sections 84, 209, 269, and 351 of the BNSS/Bharatiya Nyaya Sanhita (BNS) to ensure the applicants' presence during trial and to prevent the abuse of the liberty of bail.

The Court evaluated the facts and circumstances, specifically noting the nature of the allegations and the quantity of the seized contraband (49 liters).

It balanced the State's opposition against the fact that the investigation was complete and the charge-sheet had already been filed.

The Court observed that the applicants had no prior criminal record and had already spent significant time in jail since January 30, 2026.

Given that the maximum sentence is three years and the trial's conclusion was expected to take considerable time, the Court reasoned that continued incarceration was unnecessary.

The Court determined that the interests of justice would be served by granting bail subject to stringent conditions to ensure the trial's progress.

The holding was subject to the applicants furnishing a personal bond with two sureties each to the satisfaction of the trial court.

The grant of bail is contingent upon four specific conditions: (i) an undertaking not to seek adjournments during evidence; (ii) personal or counsel appearance on all fixed dates; (iii) liability under Section 209 of the BNS if proclamation under Section 84 of the BNSS is issued; and (iv) mandatory personal presence during key trial stages including framing of charges and recording of statements under Section 351 of the BNSS.