Prolonged custody and charge-sheet filing justify regular bail under Excise Act despite prior criminal antecedents.

The applicant was arrested on August 27, 2025, by the patrolling team of P.S. Chilhati following an informant's tip alleging the applicant was in possession of 15 liters of country-made liquor

Consequently, Crime No. 65/2025 was registered for offenses under Section 34(2) of the C.G. Excise Act

The applicant moved the High Court for regular bail, arguing that the liquor was planted, no independent recovery was made, and that he is the sole breadwinner of his family with no criminal antecedents

Conversely, the State opposed the bail, asserting that the charge-sheet had already been filed and that the applicant has five prior criminal antecedents

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the duration of his custody and the filing of the charge-sheet

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which grants the High Court or Sessions Court the power to release an accused on bail

substantive offense under Section 34(2) of the C.G. Excise Act regarding the illegal possession of liquor

procedural sanctions for the breach of bail conditions under Sections 84 (proclamation for absconding persons), 209 (failure to appear), 269 (non-attendance), and 351 (recording of statement of the accused) of the BNSS

The court evaluated the gravity of the allegations in conjunction with the procedural status of the case.

It noted that the investigation was complete and the charge-sheet had been submitted to the competent court

Although the State highlighted five criminal antecedents, the court balanced this against the fact that the applicant had been in judicial custody since August 27, 2025

Reasoning that the conclusion of the trial would likely be delayed, the court found that continued incarceration was not warranted

To mitigate risks of absconding or tampering, the court tethered the grant of bail to strict conditions, including the requirement for local sureties and mandatory personal appearance during critical trial stages such as framing of charges and recording of statements

The holding established that the applicant's prolonged pre-trial detention and the completion of the investigation outweighed the State's concerns regarding antecedents

The relief is subject to conditions: the applicant must not seek adjournments when witnesses are present, must attend all court dates, and must comply with all procedural requirements of the BNSS or face immediate revocation of liberty