Grant of bail for possession of 60 liters of liquor where charge-sheet is filed and previous antecedent resulted in acquittal.

The applicant was arrested on 14.02.2026 following a police raid based on secret information, which led to the seizure of 60 bulk liters of country-made liquor from his possession

He was charged under Section 34(2) of the C.G. Excise Act in Crime No. 15/2026 at Police Station Baramkela

The applicant moved his first bail application before the High Court, contending false implication and noting that although he had one previous criminal antecedent of a similar nature, he had been acquitted in that case

The State opposed the bail, citing the quantity of liquor seized and the existing antecedent

At the time of the hearing, the charge-sheet had already been filed

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the quantity of contraband seized and the completion of the investigation

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to the provision for regular bail)

Section 34(2) of the C.G. Excise Act, which prescribes a punishment range of one to three years for the unlawful possession of liquor

procedural requirements for bail conditions under Sections 269 (non-appearance), 84 (proclamation for person absconding), 209 (failure to appear in violation of conditions), and 351 (recording of statement of accused) of the Bhartiya Nyaya Sanhita (BNS) and BNSS

the court observed that the applicant had been in custody since 14.02.2026 and that the prior criminal antecedent had resulted in an acquittal, thereby neutralizing its weight as a disqualifier for bail

Since the charge-sheet had already been filed, the court determined that the applicant's further detention was not mandatory for investigation purposes.

the court noted that the trial was likely to take a considerable amount of time, a factor favoring the restoration of the applicant’s liberty subject to stringent conditions to ensure his presence during the trial

The High Court allowed the bail application and ordered the release of the applicant on personal bond with two sureties

Specific conditions were imposed, including a mandate that the applicant must not seek unnecessary adjournments, must appear on all trial dates, and must be present for framing of charges and recording of statements under Section 351 of BNSS