Filing of charge-sheet and duration of incarceration warrant regular bail for illicit liquor possession offences.

The applicant was arrested on January 4, 2026, in connection with Crime No. 04/2026 at Police Station Katghora, District Korba.

During a routine patrol, police acted on a tip-off and seized 30 liters of illicit mahua liquor from the applicant’s possession at Jatga Mod.

The applicant failed to produce a valid license for the liquor, leading to his arrest for offenses under Sections 34(1), 34(2), and 59(a) of the C.G. Excise Act.

Following the completion of the investigation, a charge-sheet was filed before the competent court.

The applicant had one previous criminal antecedent from 2023, which had been resolved through the payment of a fine.

The applicant moved this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the quantity of contraband seized, his period of incarceration, and his criminal history.

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

Sections 34(1), 34(2), and 59(a) of the Chhattisgarh Excise Act, noting that Section 34(2) prescribes a minimum punishment of one year and a maximum of three years.

Sections 84, 209, 269, and 351 of the BNSS regarding the conditions for court attendance, the issuance of proclamations for absconding accused, and the consequences of violating bail liberties.

The Court evaluated the gravity of the offense against the specific circumstances of the applicant’s detention.

It noted that the investigation was complete and the charge-sheet had already been filed.

the Court observed that the applicant’s sole antecedent from 2023 had been disposed of via a fine, suggesting it was not a bar to liberty in the present instance.

The Court emphasized that the applicant had been in custody since January 4, 2026, and that the trial’s conclusion would likely take a significant amount of time.

Balancing the nature of the allegations with the length of pretrial detention and the relatively minor nature of the previous record, the Court determined that continued incarceration was unnecessary.

The grant of bail was made subject to strict conditions, including: (i) an undertaking not to seek unnecessary adjournments [para. 9(i)]; (ii) mandatory presence on all hearing dates per Section 269 of the BNSS [para. 9(ii)]; (iii) liability for proceedings under Section 209 of the BNSS if the applicant absconds after a proclamation under Section 84 [para. 9(iii)]; and (iv) personal appearance during key trial stages including the framing of charges and recording of statements under Section 351 of the BNSS.