Grant of bail allowed for recovery of 40 liters of Mahua liquor despite prior acquitted antecedents.

The applicant was arrested on March 12, 2026, by the Lawan Police after 40 liters of Mahua liquor were allegedly seized from his possession.

He was charged under Section 34(2) of the C.G. Excise Act.

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that he was falsely implicated and had been acquitted in two previous criminal cases.

The State opposed the bail, citing the quantity of liquor seized and the applicant's criminal history.

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering his period of incarceration, the nature of the offense, and his past criminal record.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the unlawful possession of liquor in large quantities.

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

Section 269 of the Bharatiya Nyaya Sanhita (BNS) concerning non-attendance in obedience to an order from public servant, Section 84 of the BNSS regarding proclamations for persons absconding, and Section 351 of the BNSS regarding the examination of the accused.

The Court balanced the gravity of the allegations against the applicant’s procedural standing and fundamental rights. It noted that although the State highlighted two criminal antecedents, the applicant had already been acquitted in those matters.

The Court observed that the charge-sheet had already been filed and that the applicant had been in custody since March 12, 2026.

Given that the maximum sentence for the offense is three years and the trial was expected to take considerable time to conclude, the Court determined that further pretrial detention was not warranted, provided strict conditions were imposed to ensure the applicant's presence during trial.

The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties.

The holding was subject to four specific conditions: the applicant must not seek unnecessary adjournments, must attend every hearing unless excused, must comply with trial proclamations under Section 84 of the BNSS to avoid further proceedings under Section 209 of the BNS, and must be personally present for the framing of charges and recording of statements under Section 351 of the BNSS.