Grant of bail for illicit liquor possession despite criminal antecedents where prior cases are disposed.

The applicant was apprehended by the police on December 21, 2025, near Nayakin Talab following secret information regarding the illegal sale of liquor.

The police seized 25 litres of hand-made country liquor (Mahua) from his possession.

As the applicant lacked a valid license, he was arrested and charged under Section 34(2) of the Chhattisgarh Excise Act.

The applicant sought regular bail, noting he had been in custody since the date of arrest, the charge-sheet had been filed, and his six previous criminal antecedents had already been disposed of.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, considering the nature of the offence and the period of detention.

The court applied Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, regarding the power of the High Court to grant bail.

Substantively, the case involved Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the illegal possession/sale of liquor.

The court also considered the procedural requirements for bail conditions under Sections 269 (non-appearance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (accused's statement) of the BNS/BNSS framework.

The court evaluated the gravity of the allegations alongside the duration of the applicant’s incarceration since December 21, 2025.

It noted that while the applicant had six previous criminal cases, these were no longer pending as they had been disposed of.

The court reasoned that since the charge-sheet has already been filed and the maximum prescribed punishment for the offence is relatively short (three years), the continued detention of the applicant was unnecessary, especially as the trial was expected to take a significant amount of time to conclude.

The holding clarified that the applicant is entitled to bail subject to strict conditions, including: (i) not seeking adjournments when witnesses are present; (ii) mandatory appearance on all trial dates; and (iii) personal appearance during framing of charges and recording of statements.

Failure to comply would allow the trial court to treat the default as an abuse of liberty.