Grant of bail for liquor seizure based on parity and lack of criminal antecedents.

On February 5, 2026, the applicant, Gangaprasad Gaikwad, was arrested for allegedly possessing 69 Pauva (12.420 bulk liters) of Desi Masala liquor, part of a larger seizure of 198 Pauva (35.640 bulk liters) from multiple accused persons.

The applicant was charged under Section 34(2) of the C.G. Excise Act, Section 78 of the Juvenile Justice Act, and Section 95 of the Bharatiya Nyaya Sanhita (BNS).

The applicant approached the High Court seeking regular bail, contending he had no criminal antecedents and that co-accused individuals had already been granted bail.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the seizure and the principle of parity with co-accused.

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

It considered Section 34(2) of the C.G. Excise Act, noting the prescribed punishment ranges from one to three years.

It further referenced the procedural requirements under Section 269 (non-appearance), Section 84 (proclamation for person absconding), Section 209 (non-appearance after proclamation), and Section 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS respectively to impose bail conditions.

The Court evaluated the gravity of the allegations and noted that the charge-sheet had already been filed, reducing the immediate necessity for custodial interrogation.

Crucially, the Court observed that the applicant had no prior criminal record and had been in custody since February 5, 2026.

The Court applied the principle of parity, noting that two other co-accused persons involved in the same transaction had already been granted bail by the High Court in MCRC No. 3132 of 2026.

Given that the trial was expected to take considerable time, the Court found no justification for continued incarceration.

The applicant was ordered to be released on a personal bond with two sureties, subject to specific conditions: (i) no seeking adjournments during witness presence; (ii) mandatory presence at trial; (iii) compliance with Section 84 BNSS proclamations; and (iv) personal appearance for framing of charges and recording of statements.

The Registry was directed to transmit the order to the trial court for immediate compliance.