Lack of criminal antecedents and filing of charge-sheet justify grant of bail for excise offences.

The applicant was arrested in connection with Crime No. 09/2026 at Police Station Komakhan for the alleged possession of 30 bulk liters of country-made mahua liquor

Following a raid based on informant information, the police registered an offence under Section 34(2) of the C.G. Excise Act

The applicant has been in custody since January 21, 2026

The investigation is complete, and the charge-sheet has been filed before the competent court

The applicant moved the High Court seeking regular bail, asserting her innocence and highlighting a lack of criminal antecedents

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offence and her period of incarceration

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

Substantively, the case involved Section 34(2) of the C.G. Excise Act, which stipulates a minimum punishment of one year and a maximum of three years for the illicit possession of liquor

The court also referenced procedural and penal consequences for bail default under Sections 84 (proclamation for person absconding), 209 (punishment for non-appearance), 269 (contempt of lawful authority), and 351 (evidence/statement recording) of the Bhartiya Nagarik Suraksha Sanhita and Bharatiya Nyaya Sanhita

The court balanced the gravity of the allegations—the seizure of 30 liters of liquor—against the applicant's personal circumstances and procedural status

It observed that the applicant has no prior criminal history, which mitigated the risk of recidivism

Since the charge-sheet has already been filed, the court reasoned that the applicant's continued detention was no longer necessary for the purpose of investigation

Recognizing that the trial would likely be prolonged and that the applicant had already served nearly two months in jail, the court found it fit to exercise its discretion in favor of liberty

To safeguard the judicial process, the court imposed strict conditions, including mandates against seeking adjournments and requirements for personal appearance during key trial stages

The holding is contingent upon several conditions: the applicant must not seek adjournments during witness testimony, must appear on every date fixed by the trial court, and must be present personally for the framing of charges and recording of statements under Section 351 of the BNSS

Any violation of these conditions allows the trial court to treat the default as an abuse of liberty and proceed in accordance with law