Grant of bail for excise offenses where charge-sheet is filed and no criminal antecedents exist.

The applicants were arrested on 17.10.2025 in connection with Crime No. 210/2025 registered at Police Station Excise Circle Charama.

The prosecution alleged that a raid conducted based on informant data led to the seizure of 110 bulk liters of liquor from the joint possession of the applicants.

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

The applicants moved the High Court seeking regular bail, contending they had no criminal antecedents and that the trial would take considerable time.

Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offense and the duration of their custody.

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

The substantive charges were under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, which prescribe a minimum punishment of one year and a maximum of three years for the illicit possession/sale of liquor.

The Court also referenced procedural compliance under Sections 209, 269, 84, and 351 of the BNSS regarding the conduct of the accused during trial.

The Court weighed the gravity of the allegations—specifically the seizure of 110 liters of liquor—against the procedural status of the case and the personal history of the applicants.

It noted that the investigation was complete as the charge-sheet had already been filed, thereby reducing the risk of tampering with evidence.

Critically, the Court observed that the applicants had no prior criminal record and had been in continuous custody since October 2025.

Given that the maximum sentence for the offense is relatively short (three years) and the trial’s conclusion was not imminent, the Court determined that further pretrial detention was unnecessary, provided stringent conditions were imposed to ensure their presence during trial.

The holding was contingent upon several conditions: the applicants must not seek unnecessary adjournments, must appear at every hearing (unless excused), and must comply with Sections 269, 84, and 351 of the BNSS regarding personal appearance.

The Court warned that any abuse of liberty or failure to appear would entitle the trial court to initiate proceedings under Sections 269 and 209 of the Bharatiya Nyaya Sanhita.