Grant of bail for possession of illicit liquor where co-accused were previously granted parity.

The applicants (Deepali Tandon and Gulapa Sonwani) were arrested on 05.02.2026 in connection with Crime No. 31/2026 at Police Station Bhatapara (City).

They were charged after 198 units (35.640 bulk liters) of Desi Masala liquor were seized from a group of accused, with 59 units (10.620 bulk liters) specifically attributed to the applicants.

The Applicants moved the High Court of Chhattisgarh for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, citing parity with co-accused who had already been granted bail.

1. Whether the applicants are entitled to the grant of regular bail considering the quantity of liquor seized, the nature of the alleged offense, and the duration of their pretrial detention.

2. Whether the principle of parity applies given that co-accused in the same crime have been released on bail.

The Court considered Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum of one year and a maximum of three years of imprisonment.

Procedurally, the application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 439 CrPC).

Section 78 of the Juvenile Justice Act, Section 95 of the BNS, and procedural compliance under Sections 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) and Section 351 of the BNSS regarding trial attendance.

The Court observed that the applicants had been in custody since 05.02.2026 and that the investigation was substantially complete as the charge-sheet had already been filed.

It significantly weighed the fact that the State did not dispute that two other co-accused in the same crime (MCRC No. 3132 of 2026) had been granted bail on 08.04.2026.

Furthermore, the Court noted the applicants had no prior criminal antecedents.

Given the maximum potential punishment of three years and the likelihood that the trial would not conclude soon, the Court found that continued detention was not warranted.

The applicants were ordered to be released upon furnishing a personal bond with two sureties, subject to strict conditions: they must not seek unnecessary adjournments, must appear personally at key trial stages (framing of charges, recording of statements under Section 351 BNSS), and must comply with all trial court proceedings to avoid revocation under Sections 209 and 269 of the BNS.