Grant of bail for possession of 108 liters of handmade liquor despite existing criminal antecedents.

The applicants, Jitendra Gond and Sugreev Gond, were arrested on 15.02.2026 following a police raid in Village Semariya based on secret information.

The police allegedly seized 108 liters of handmade liquor from their joint possession.

Consequently, Crime No. 66/2026 was registered at P.S. Pamgarh for offences under the Chhattisgarh Excise Act.

The applicants filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), contending false implication and noting that the charge-sheet had already been filed.

The State opposed the bail, citing the applicants' criminal antecedents—two cases against applicant No. 1 and one case against applicant No. 2.

1. Whether the applicants are entitled to regular bail under Section 483 of the BNSS, considering the quantity of liquor seized and their criminal history.

The Court applied Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the unlawful manufacture or possession of liquor.

Procedurally, the application was moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor provision to Section 439 of the CrPC) regarding the High Court's power to grant bail.

The Court also referenced Sections 269 (non-appearance), 209 (failure to appear after proclamation), and 351 (accused's statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS to set conditions for the continued liberty of the applicants.

The Court balanced the gravity of the allegations and the criminal antecedents against the procedural status of the case. It noted that the investigation was effectively complete as the charge-sheet had been filed.

The Court took into account that the applicants had been in incarcerated since February 15, 2026, and observed that the trial was unlikely to conclude in the near future.

Despite the State’s objection regarding the quantity of liquor (108 liters) and prior records, the Court determined that further pretrial detention was not warranted, provided that strict conditions were imposed to ensure the applicants' presence during trial and to prevent the abuse of liberty.

The holding is conditioned upon the applicants’ strict adherence to trial schedules, prohibiting them from seeking unnecessary adjournments, and mandating their presence for framing of charges and recording of statements. Failure to comply or misuse of liberty may result in proceedings under Sections 209 or 269 of the BNS/BNSS.