Grant of regular bail for possession of illicit liquor where investigation is complete and trial delay is imminent.

The applicants were arrested on 03.03.2026 in connection with Crime No. 21/2026 at P.S. Chandani for allegedly possessing 33.840 liters of illicit liquor

The prosecution contended the recovery was made from their joint possession after a tip-off

The applicants filed for first bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), asserting false implication and noting that Applicant No. 1 has no criminal history, while Applicant No. 2 had one prior acquittal

Additionally, it was argued that Applicant No. 2’s marriage was scheduled for 01.05.2026

The State opposed the bail citing the gravity of the recovery, though it confirmed the factum of the marriage

Whether the applicants are entitled to regular bail under Section 483 of the BNSS for offenses under Section 34(2) of the C.G. Excise Act, considering their period of incarceration and personal circumstances?

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the power of the High Court to grant bail

Section 34(2) of the C.G. Excise Act, which prescribes a minimum punishment of one year and a maximum of three years

The court adhered to the procedural substitution of the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS) for bail conditions, specifically noting Section 209 and Section 269 of the BNS

Section 84 and Section 351 of the BNSS regarding court attendance and trial procedures.

The Court weighed the nature and gravity of the allegations against the duration of the applicants' custody (since 03.03.2026) and the progress of the case, noting that the charge-sheet had already been filed

It significantly factored in the lack of a relevant criminal record for Applicant No. 1 and the verified acquittal in the sole prior case against Applicant No. 2

Crucially, the Court verified the urgency of Applicant No. 2's upcoming marriage on 01.05.2026

Given that the trial was expected to take considerable time, the Court determined that continued incarceration was unnecessary, provided stringent conditions were imposed to ensure the integrity of the trial process

The holding is subject to specific conditions: the applicants must not seek adjournments during witness testimony, must attend all court dates personally (unless excused), and must strictly comply with trial proceedings under the penalty of bail revocation or proceedings under Sections 209 and 269 of the BNS

The trial court was directed to ensure compliance with these directions