Grant of regular bail for possession of country-made liquor despite prior disposed criminal antecedents.

The applicant, Ashok Das Manikpuri, was arrested on February 28, 2026, in connection with Crime No. 11/2026 at Police Station Rudri, District Dhamtari.

The prosecution alleged that the applicant was in illegal possession of 6.120 bulk litres of country-made liquor intended for sale.

The applicant moved the High Court for regular bail, arguing that he was falsely implicated and that his ten prior criminal antecedents under the Excise Act, IPC, and Gambling Act had already been disposed of.

The State opposed the bail, labeling the applicant a habitual offender.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, despite having ten criminal antecedents.

The court primarily applied Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for illegal possession of liquor.

Procedurally, the application was governed by Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding regular bail.

The court also sought to ensure the accused’s presence during trial through conditions referenced under Section 269 of the Bharatiya Nyaya Sanhita (BNS) (for non-attendance), Section 84 of the BNSS (proclamation for absconding persons), and Section 209 of the BNS.

The Court balanced the gravity of the allegations and the applicant's criminal history against the duration of his detention and the status of the investigation.

The Court noted that while the applicant has ten criminal antecedents, they have all been disposed of, as explained in the application.

The Court considered that the charge-sheet has already been filed, the applicant has been in custody since February 28, 2026, and the trial is expected to take significant time to conclude.

Given the maximum potential sentence of three years, the Court determined that continued incarceration was not necessary, provided strict conditions were imposed to prevent the abuse of liberty and ensure the applicant's presence at trial.

The holding is conditioned upon the applicant not seeking unnecessary adjournments, remaining present for all critical trial stages (charge framing and recording of statements under Section 351 BNSS), and complying with various procedural requirements of the BNSS and BNS.

The trial court was directed to treat any breach of these conditions as an abuse of liberty.