Grant of Regular Bail for Offence Under Section 34(2) of C.G. Excise Act Lacking Criminal Antecedents.

The applicant was arrested on 13.02.2026 in connection with Crime No. 75/2026 at Police Station Mahasamund

Following an informant's tip, police conducted a raid and seized 24 bulk liters of country-made liquor from the applicant's possession

The applicant was charged under Section 34(2) of the C.G. Excise Act

The applicant approached the High Court seeking regular bail, contending he was falsely implicated and had no criminal history

The State opposed the bail, citing the quantity of liquor seized

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offense and the period of incarceration

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

Section 34(2) of the C.G. Excise Act, noting the prescribed punishment ranges from a minimum of one year to a maximum of three years

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

The Court balanced the gravity of the allegations against the applicant's personal circumstances.

It noted that the quantity seized was 24 bulk liters and that the charge-sheet had already been filed, reducing the risk of tampering with the investigation

Significant weight was given to the fact that the applicant had no prior criminal record and had been in custody since 13.02.2026

Given that the maximum sentence for the offense is three years and the trial was expected to take considerable time, the Court determined that continued pretrial detention was not necessary, provided strict conditions were imposed to ensure the applicant's participation in the trial

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

The Court imposed specific conditions: the applicant must not seek unnecessary adjournments, must attend all court dates personally (unless exempted), and must appear specifically for framing of charges and recording of statements under Section 351 BNSS

Failure to comply would result in proceedings under Sections 209 and 269 of the BNS