Regular bail granted considering absence of criminal antecedents, custodial detention, and likely trial delay.

On 16 June 2026, Excise officials at Mahasamund received information that vehicle No. CG-04-HK-7811 was being used to transport illicit liquor.

Upon intercepting and checking the vehicle, they allegedly recovered 120 litres of beer from the possession of Santosh Banjare.

Crime No. 53/2026 was registered at Police Station Excise Circle, Mahasamund, for offences under Sections 34(1)(A) and 34(2) of the Chhattisgarh Excise Act.

The applicant was arrested on 24 June 2026 and sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

He claimed false implication, absence of criminal antecedents, and prolonged incarceration; the State opposed the application.

Whether the applicant, accused of transporting or possessing 120 litres of beer in violation of Sections 34(1)(A) and 34(2) of the Chhattisgarh Excise Act, was entitled to regular bail under Section 483 of the BNSS.

Whether the applicant’s lack of criminal antecedents, period of custody, nature of the allegations, and likelihood of delay in conclusion of trial justified granting bail subject to appropriate conditions.

The Court applied Section 483 of the BNSS, which empowers the High Court to grant regular bail to a person accused of an offence and in custody.

The alleged conduct attracted Sections 34(1)(A) and 34(2) of the Chhattisgarh Excise Act; the applicant’s counsel submitted that Section 34(2) prescribed a minimum punishment of one year and a maximum punishment of three years.

Bail determination required consideration of the nature and gravity of the allegations, the applicant’s criminal antecedents, the period of incarceration, and the likely duration of the trial.

Bail was also made subject to conditions securing the applicant’s attendance, preventing misuse of liberty, and ensuring cooperation with the trial.

The Court considered the alleged recovery of 120 litres of beer and the nature and gravity of the excise offences, but found that the applicant had no registered criminal antecedents, had remained in custody since 24 June 2026, and that the trial was likely to take time.

Balancing these factors under Section 483 of the BNSS, the Court concluded that continued incarceration was not warranted at that stage and that the applicant could be released on bail subject to conditions designed to ensure his presence and prevent delay or misuse of liberty.

The conditions required him not to seek adjournments when witnesses were present, to appear before the trial court on each date either personally or through counsel, to remain personally present on the dates fixed 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 or failure to appear.