Regular bail granted despite one pending antecedent, given prolonged custody, charge-sheet filing, and likely trial delay.

The applicant, Manki Bai Tandan, was arrested in connection with Crime No. 363/2026 registered at Police Station Akaltara, District Janjgir-Champa, for an offence under Section 34(2) of the Excise Act.

On 25 June 2026, acting on secret information, the police allegedly seized 11 litres of country-made liquor from her possession and subsequently registered the offence and arrested her.

The applicant, aged about 50 years, claimed false implication and disputed ownership of the seized liquor. She had been in custody since 25 June 2026; although she had three criminal antecedents, two had been disposed of and only one remained pending.

The charge-sheet had been filed, and she argued that the trial would take considerable time. The State opposed bail on the ground that illicit liquor had been seized from her possession.

Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 34(2) of the Excise Act.

Whether the applicant’s age, gender, period of custody, criminal antecedents, filing of the charge-sheet, and the likely delay in conclusion of trial justified the grant of bail.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant regular bail to an accused in custody.

The substantive allegation was under Section 34(2) of the Excise Act concerning the alleged possession of illicit liquor.

In exercising bail discretion, the Court considered the nature of the allegation, the period of custody, the applicant’s personal circumstances, her criminal antecedents, the filing of the charge-sheet, and the probable duration of the trial, without expressing any opinion on the merits of the prosecution case.

Bail was made subject to statutory and judicial conditions intended to secure the applicant’s presence and prevent misuse of liberty.

The Court acknowledged the prosecution’s allegation that 11 litres of country-made liquor had been seized from the applicant, but found that the overall circumstances favoured release on bail.

In particular, the applicant was a 50-year-old woman who had remained in custody since 25 June 2026; two of her three antecedents had already been disposed of, the charge-sheet had been filed, and the trial was likely to take time to conclude.

Balancing these factors against the nature of the accusation, the Court exercised its discretion under Section 483 of the BNSS and granted bail without commenting on the merits of the case.

The release was subject to conditions requiring her to avoid unnecessary adjournments, remain present before the trial court, appear personally at the stages of opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS, and comply with the consequences prescribed for absence or misuse of bail.

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