Regular bail granted for 34(2) Excise Act offence considering custody duration and filed charge-sheet despite criminal antecedents.

The applicant, Namdas Kosle, was arrested on 04.03.2026 in connection with Crime No. 99/2026 for the alleged illegal possession of 6 bulk liters of Mahua liquor

The prosecution categorized him as a habitual offender due to three previous criminal antecedents under the Excise Act

The applicant moved the High Court of Chhattisgarh for regular bail, contending that he had been falsely implicated, two of his three previous cases were already disposed of, and the maximum punishment for the current offense was three years

The charge-sheet had already been filed by the time of the hearing

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering his criminal antecedents and the duration of his pretrial detention

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the High Court's power to grant bail

Section 34(2) of the C.G. Excise Act, which stipulates a minimum punishment of one year and a maximum of three years for the illegal possession of liquor

Sections 269, 84, and 209 of the Bharatiya Nyaya Sanhita (BNS) and Section 351 of the BNSS to formulate the conditions of the bail bond and ensure the applicant's future appearance in trial

The Court balanced the gravity of the allegations against the procedural status of the case. While the State opposed bail on the grounds that the applicant was a habitual offender, the Court noted the applicant's affidavit clarifying that only one of his three previous cases was currently pending

The Court took into account that the recovery involved a relatively small quantity (6 liters) and that the applicant had been in custody since early March 2026

Since the charge-sheet had been filed and the trial was expected to take a considerable amount of time, the Court reasoned that further incarceration was unnecessary, provided that stringent conditions were imposed to ensure the applicant's cooperation with the judicial process and prevent the abuse of liberty

The Court ordered the applicant’s release upon furnishing a personal bond with two sureties, subject to several conditions: the applicant must not seek unnecessary adjournments, must appear personally at key stages of the trial (framing of charges and recording of statements under Section 351 BNSS), and must comply with all procedural requirements under the BNS/BNSS or risk forfeiture of bail