Grant of bail for excise offenses despite criminal antecedents when charge-sheet is filed and trial is delayed.

The applicants, Raju Mathur and Bhim Gawaskar, were arrested on January 16, 2026, in connection with Crime No. 25/2026 for the alleged joint possession of 51.840 bulk liters of country-made liquor

The seizure was conducted following a police raid on a house allegedly belonging to the applicants

The applicants challenged their detention, asserting false implication and lack of documentary proof connecting them to the premises where the liquor was found

Applicant No. 1 has three prior criminal involvements, while Applicant No. 2 has no criminal history

A charge-sheet has already been filed

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering their period of incarceration and the nature of the evidence

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail

The substantive charges were under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, which relate to the illegal possession and transport of bulk quantities of liquor

The Court also referenced procedural conditions for bail under Section 269 (non-attendance), Section 84 (proclamation for person absconding), and Section 351 (recording of statement) of the BNSS

The Court balanced the gravity of the allegations and the criminal antecedents of Applicant No. 1 against the procedural status of the trial.

While the prosecution argued that Applicant No. 1 is a habitual offender due to three prior cases, the Court noted that those cases have been disposed of and that Applicant No. 2 has an unblemished record

The Court observed that the charge-sheet has already been filed and the applicants have been in custody since mid-January 2026

Given that the trial is expected to take considerable time, the Court found it fit to exercise its discretion in favor of liberty, provided stringent conditions are met to ensure the applicants' presence during trial and to prevent the abuse of bail

The bail is subject to several conditions: the applicants must not seek unnecessary adjournments, must appear on every hearing date unless excused under Section 269 of BNSS, and must be personally present for the framing of charges and recording of statements under Section 351 of BNSS. Any violation of these terms allows the trial court to initiate proceedings under Section 209 of the Bharatiya Nyaya Sanhita