Grant of bail for 15-liter liquor seizure despite previous disposed excise antecedents and charge-sheet filing.

The applicant was arrested on January 15, 2026, following a police raid where 15 bulk liters of country-made liquor were allegedly seized from his backyard.

He was charged under Section 34(2) of the Chhattisgarh Excise Act in Crime No. 06/2026 at Police Station Saragao.

The applicant filed this First Bail Application seeking regular bail, contending false implication and noting that although he has three previous criminal antecedents under the Excise Act, those cases have been disposed of.

The charge-sheet has already been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his period of incarceration, the nature of the offence, and his criminal history.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 439 CrPC), regarding the High Court's power to grant regular bail.

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

The court also referenced procedural compliance under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS.

The court evaluated the facts and circumstances, specifically the nature and gravity of the allegations involving the seizure of 15 liters of liquor.

Despite the applicant’s three previous criminal antecedents under the Excise Act, the court noted that those cases were already disposed of, implying they did not pose a bar to current relief.

The court emphasized that the charge-sheet had been filed and the applicant had been in custody since January 15, 2026.

Given that the maximum sentence for the offence is three years and the trial was expected to take a considerable amount of time, the court determined that further detention was unnecessary.

The holding is conditioned upon the applicant not seeking unnecessary adjournments, appearing at every trial stage (including framing of charges and recording of statements under Section 351 BNSS), and complying with proceedings under Sections 269 and 209 of the BNS/BNSS in the event of default.

Reference to the trial court for compliance was ordered forthwith.