Regular bail granted despite criminal antecedents where most cases resulted in acquittal and charge-sheet is filed.

The applicant, Jagdish Gaud, was arrested in connection with Crime No. 15/2026 involving the illegal procurement, adulteration, and sale of liquor.

Police seized 16.920 bulk litres of liquor from a co-accused, who implicated the applicant in a conspiracy to dilute and bottle the spirits illegally.

From the applicant, police seized 184 liquor bottle sticker slips and a mobile phone.

The applicant has 12 criminal antecedents, though he contended that only one is currently pending and others resulted in acquittal or compromise.

The applicant sought regular bail, having been in custody since February 2, 2026.

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering his criminal history and the nature of the recovery made from him.

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

Sections 111(2) and 111(3) of the Bhartiya Nyaya Sanhita (BNS), 2023, relating to organized crime, and Sections 34(1) and 34(2) of the Chhattisgarh Excise Act regarding the illegal possession and sale of liquor.

The court evaluated the principle that while criminal antecedents are a factor, the current status of those cases (acquittals/compromises) and the duration of present custody must be weighed against the likelihood of a protracted trial.

The Court examined the gravity of the allegations alongside the actual evidence seized from the applicant—specifically the sticker slips—noting that the investigation was substantially complete as the charge-sheet had already been filed.

Regarding the applicant’s 12 criminal antecedents, the Court accepted the explanation that only one case remains pending, while others concluded without conviction.

The Court reasoned that since the maximum punishment for the excise offenses is three years and the applicant had been incarcerated since early 2026, continued detention was unnecessary given that the trial would take considerable time to conclude.

The High Court allowed the First Bail Application and directed the release of Jagdish Gaud on bail subject to a personal bond with two sureties and strict conditions, including mandatory presence during case opening, framing of charges, and recording of statements under Section 351 of the BNSS, failing which the trial court may treat the absence as an abuse of liberty.