Regular bail granted after charge-sheet filing where prolonged custody and likely trial delay outweighed limited criminal antecedents.

The applicant was arrested on 29 June 2026 in connection with Crime No. 79/2026 registered at Excise Circle Banki Mongra, District Korba, for alleged offences under Sections 34(1)(a)(f), 34(2) and 59(a)(1)(2) of the Chhattisgarh Excise Act.

Acting on information received from a patrolling informant, the Excise Sub-Inspector conducted a warrantless search on the ground of urgency. The applicant was allegedly found manufacturing illicit liquor, and 7 litres of Mahua liquor were recovered from a jerrycan and a bucket, seized and sealed in accordance with law.

The applicant remained in custody from 29 June 2026; the investigation was complete and the charge-sheet had been filed before the Chief Judicial Magistrate, Korba. He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, submitting that the trial would take time and that he had only one criminal antecedent.

The State opposed the application.

1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in view of the nature of the allegations, the alleged recovery, the period of custody, and the filing of the charge-sheet.

2. Whether bail should be granted subject to conditions securing the applicant’s presence and preventing misuse of the liberty of bail.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, which empowers the High Court to grant regular bail to an accused in custody.

The alleged offences were under Sections 34(1)(a)(f), 34(2) and 59(a)(1)(2) of the Chhattisgarh Excise Act.

In determining entitlement to bail, the Court considered the nature and gravity of the allegations, the applicant’s period of incarceration, the filing of the charge-sheet, the likelihood of delay in trial, and his criminal antecedents.

Bail was made subject to conditions requiring attendance, cooperation with the trial, and avoidance of conduct amounting to misuse of bail.

The Court considered the prosecution allegation that 7 litres of Mahua liquor had been recovered from the applicant and that he had allegedly been found manufacturing illicit liquor.

However, balancing the nature and gravity of the accusation against the relevant bail considerations, the Court noted that the applicant had been in custody since 29 June 2026, the charge-sheet had already been filed, and the trial was likely to take time.

The Court also took into account that the applicant had only one criminal antecedent.

On this cumulative assessment, the Court found that continued detention was not warranted, while the prescribed conditions were considered sufficient to secure his presence and protect the integrity of the trial.

The release was subject to conditions requiring him not to seek unnecessary adjournments when witnesses were present, to remain present on each date fixed by the trial court, to appear personally on the dates for opening of the case, framing of charge and recording of his statement under Section 351 of the BNSS, and to comply with proceedings arising from any misuse of bail.

A certified copy of the order was directed to be supplied to the trial court for compliance.