Facts
The applicant was arrested on 31.01.2026 in connection with Crime No. 59/2026 at Police Station Takhatpur.
Source reference: para 1, 3Following a police raid based on informant information, 10 bulk liters of country-made mahua liquor were allegedly seized from the applicant's possession.
Source reference: para 2He was charged under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para 1The applicant approached the High Court seeking regular bail, contending false implication and noting that the charge-sheet had already been filed while he remained in custody.
Source reference: para 3The State opposed bail on the grounds that the applicant has two criminal antecedents.
Source reference: para 4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering his period of detention and the nature of the offense.
Source reference: para 1, 6Law Applied
The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.
Source reference: para 1Penal provisions of Section 34(2) of the C.G. Excise Act, noting the prescribed punishment ranges from one to three years.
Source reference: para 3Procedural compliance under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (non-compliance with proclamation), and 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS respectively regarding bail conditions.
Source reference: para 7Reasoning
While acknowledging that the applicant has two criminal antecedents (one disposed of and one pending), the court emphasized that the investigation was effectively complete as the charge-sheet had already been filed before the competent court.
Source reference: para 3, 6The court reasoned that since the applicant had been in jail since 31.01.2026 and the trial was expected to take considerable time to conclude, further pre-trial detention was not warranted.
Source reference: para 6The court determined that the interests of justice would be served by releasing the applicant on bail subject to strict conditions to ensure his participation in the trial.
Source reference: para 7Holding
The Court allowed the First Bail Application and ordered the release of Neta Bharadwaj on bail upon furnishing a personal bond with two sureties.
The holding is underscored by the principle that bail is the rule and jail is the exception when trial conclusion is not imminent.
Source reference: para 6The release was made subject to several conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (under penalty of BNS Section 269), and the initiation of proceedings under BNS Section 209 in case of absconsion.
Source reference: para 7Original Court PDF
NETA BHARADWAJvsSTATE OF CHHATTISGARH
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