Grant of regular bail in excise matter where implication is solely based on co-accused's memorandum statement without criminal antecedents.

The applicant, a Manager at Borsi Liquor Shop, filed a First Bail Application seeking regular bail after being arrested on March 25, 2026

The prosecution alleged that on February 11, 2026, police intercepted a car and seized 127.08 bulk liters of illicit liquor from three co-accused persons

A memorandum statement by co-accused Keshav Das Sonwani implicated the applicant, alleging he demanded a bribe of ₹100 per box to facilitate the smuggling

The applicant’s prior anticipatory bail application (MCRCA No. 381 of 2026) was dismissed on March 25, 2026, as non-maintainable under Section 59(A)(i) of the Chhattisgarh Excise Act

The charge-sheet has since been filed

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering he was implicated solely based on a co-accused's memorandum statement and has no criminal antecedents

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

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the illicit transport of liquor

procedural requirements under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (accused's statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS to ensure the applicant's future appearance

The Court weighed the gravity of the allegations against the fact that the applicant had no prior criminal record

It noted that the primary evidence linking the applicant to the Crime No. 29/2026 was the memorandum statement of a co-accused rather than direct recovery from his person

The Court observed that the charge-sheet had already been filed and, given the prescribed punishment for the offense, the trial was likely to take significant time

Consequently, the Court found that continued incarceration was unnecessary, provided stringent conditions were imposed to secure his presence during the trial

The holding directed the release of Omprakash Sinha upon furnishing a personal bond with two sureties, subject to specific conditions: he must not seek unnecessary adjournments, must appear at every hearing (unless excused), and must be present for framing of charges and recording of statements