Regular bail granted as custodial interrogation was unnecessary following charge-sheet filing and absence of criminal antecedents.

The applicant, Raj Nayak, filed his first bail application following his arrest on 04.01.2026.

According to the prosecution, acting on secret information regarding the illegal sale of liquor by one Santosh Giri and his aides, the police conducted a raid and seized 7.5 litres of Country Made Foreign Liquor (CMFL) from the applicant's possession.

A charge-sheet was subsequently filed under the Chhattisgarh Excise Act and the Bhartiya Nyaya Sanhita (BNS).

The applicant contended he was falsely implicated and had no prior criminal record.

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offense and the duration of his pretrial detention.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the illegal possession/sale of liquor.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding bail.

Sections 111(2) and 111(3) (Organized Crime), Section 209 (Failure to appear in violation of proclamation), and Section 269 (Non-attendance in obedience to an order) of the Bharatiya Nyaya Sanhita (BNS).

Section 351 of the BNSS regarding the recording of statements.

The Court weighed the nature and gravity of the allegations against the applicant’s personal circumstances and procedural status and noted that the quantity of liquor seized from the applicant (7.5 litres) was relatively small.

The Court observed that the applicant had no criminal antecedents, a fact endorsed by the State counsel.

Since the charge-sheet had already been filed and the applicant had been in custody since 04.01.2026, the Court reasoned that further detention was unnecessary as the trial was likely to take significant time to conclude.

The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to strict conditions: he must not seek unnecessary adjournments, must appear on all trial dates, and must specifically be present for the framing of charges and recording of statements under Section 351 BNSS.

Any violation of these conditions allows the trial court to treat the default as an abuse of liberty and proceed under Sections 209 or 269 of the BNS.