Grant of bail for possession of illicit liquor where charge-sheet is filed and applicants lack criminal antecedents.

The applicants, Dharmendra Kumar and Mahendra Kumar, were arrested on 21/12/2025 in connection with Crime No. 523/2025 at Police Station Mahasamund.

The prosecution alleged that the applicants were found in joint possession of 70 bulk liters of country-made Mahuwa liquor.

Consequently, they were charged under Section 34(2) of the Chhattisgarh Excise Act.

Although no counsel appeared for the applicants during the hearing, the Court proceeded to hear the matter with the assistance of the State counsel.

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offense and the duration of their incarceration.

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the grant of regular bail.

It further applied Section 34(2) of the Chhattisgarh Excise Act, which penalizes the unauthorized possession of liquor.

Additionally, the Court referenced procedural requirements under Sections 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) concerning the non-appearance of accused persons and non-compliance with proclamations, as well as Sections 84 and 351 of the BNSS regarding proclamations and recording of statements.

The Court evaluated the application by weighing the gravity of the allegations against the procedural status of the case.

It noted that the applicants had been in custody since 21/12/2025 and that the investigation was substantially complete, as the charge-sheet had already been filed.

The Court specifically highlighted that the applicants have no prior criminal antecedents.

While the State opposed bail based on the quantity of liquor seized (70 bulk liters), the Court reasoned that since the trial was likely to take significant time, continued detention was not warranted.

The Court determined that the interests of justice would be served by granting bail subject to stringent conditions to ensure the applicants' presence during trial and to prevent the abuse of liberty.

The holding is conditioned upon the applicants’ undertaking not to seek unnecessary adjournments, their mandatory presence at all trial stages (charges, evidence, and Section 351 BNSS statements), and strict compliance with Court proclamations.

Failure to comply would authorize the trial court to treat such default as an abuse of liberty and proceed in accordance with Sections 269 and 209 of the BNS.