Grant of bail for possessing 30 liters of illicit liquor as applicant lacks criminal antecedents.

The applicant was arrested on January 17, 2026, following a police raid based on secret information.

The police allegedly seized 30 bulk liters of country-made (Mahua) liquor from his possession at Police Station Akaltara.

Consequently, an offence was registered under Section 34(2) of the C.G. Excise Act.

The applicant sought regular bail, arguing false implication, lack of exclusive possession, and highlighting a clean criminal record.

The State opposed the bail, citing the quantity of liquor recovered, though it acknowledged that a charge-sheet had already been filed.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the period of custody and the nature of the offence.

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

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

Furthermore, the court referred to procedural compliance under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 209 and 269 regarding non-appearance, and Section 84 of the BNSS regarding proclamation for absconding persons.

The Court balanced the gravity of the allegations against the applicant’s fundamental right to liberty during the trial.

It observed that the applicant had been in custody since January 17, 2026, and that the investigation had progressed to the stage where a charge-sheet was already filed.

Crucially, the Court noted that the applicant had no prior criminal antecedents, which mitigated the risk of recidivism.

Given that the maximum punishment under the relevant Excise Act is three years and the trial was expected to take a considerable amount of time, the Court determined that continued incarceration was unnecessary.

The Court ordered the release of the applicant upon furnishing a personal bond with two sureties, subject to specific conditions: the applicant must not seek unnecessary adjournments, must appear at every hearing (unless exempted), 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 and initiate proceedings under the BNS.