Grant of bail for first-time excise offense involving substantial quantity where charge-sheet is filed and trial is pending.

The applicants were arrested on February 12, 2026, in connection with Crime No. 29/2026 at Police Station Magarlod, District Dhamtari.

The prosecution alleged that police intercepted a vehicle (CG-05-AQ-0938) and seized 127.08 bulk liters of country-made liquor from the joint possession of the applicants.

The applicants filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending they were falsely implicated and had no prior criminal record.

The charge-sheet had already been filed by the time of the hearing.

Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the offense and the period of incarceration.

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

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 439 of the CrPC), regarding the High Court's power to grant bail.

Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) and Sections 84 and 351 of the BNSS to impose conditions for the continued liberty of the accused.

The Court weighed the gravity of the allegation (seizure of 127.08 liters of liquor) against the applicants' clean criminal history.

It noted that the applicants had been in jail since February 12, 2026, and since the charge-sheet was already filed, their continued detention was not deemed necessary for the investigation.

The Court observed that the trial was likely to take significant time to conclude.

Given that the maximum punishment for the offense is three years and there were no antecedents, the Court determined that the applicants met the criteria for bail, provided they adhered to strict conditions to ensure their presence during trial.

The holding was contingent on several conditions: the applicants must not seek unnecessary adjournments, must appear at every hearing, and must specifically be present for the framing of charges and recording of statements under Section 351 of the BNSS; failure to comply would allow the trial court to treat the default as an abuse of liberty.