Grant of regular bail in excise cases involving recovery without criminal antecedents and filed charge-sheet.

The applicants were arrested on 17.10.2025 in connection with Crime No. 210/2025 registered at Police Station Excise Circle Charama.

The prosecution alleged that following an informant's tip, a raid was conducted resulting in the seizure of 110 bulk liters of liquor from the joint possession of the applicants.

Consequently, they were charged under the Chhattisgarh Excise Act.

The applicants moved the High Court for regular bail, contending they had no criminal antecedents and that the trial would consume substantial time as the charge-sheet had already been filed.

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

Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offence and their period of incarceration.

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

Substantively, the case involved Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, which prescribe penalties for the illegal possession and transport of liquor, carrying a minimum punishment of one year and a maximum of three years.

The Court further referenced Sections 209, 269, 84, and 351 of the BNSS regarding procedural compliance, appearance, and consequences of the abuse of liberty.

The Court balanced the gravity of the allegations involving 110 liters of liquor against the mitigating factors presented by the defense.

The Chief Justice noted that the applicants had been in jail since 17.10.2025 and that the investigation had concluded with the filing of the charge-sheet before the competent Court.

A key factor in the Court's reasoning was that the applicants had no prior criminal antecedents.

Given that the trial was expected to take considerable time to conclude, the Court determined that further pretrial detention was unnecessary, provided that stringent conditions were imposed to ensure the applicants' presence during trial and to prevent the abuse of liberty.

The Court ordered the release of Bhavesh Kumar Jangde and Dharmendra Kumar Netam on bail upon furnishing a personal bond with two sureties each.

The holding was conditioned upon the applicants’ undertaking not to seek unnecessary adjournments, their mandatory presence at specific trial stages (framing of charges and recording of statements), and compliance with procedural requirements under the BNSS to avoid the revocation of bail.