Regular bail granted for excise offence despite criminal antecedents following prior acquittals and filing of charge-sheet.

The applicant was arrested on 28.01.2026 following a police raid in Village Amlipali, where 10 bulk liters of liquor were seized from his possession.

He was charged under Sections 34(2) and 59(A) of the C.G. Excise Act.

The applicant moved this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was falsely implicated, the charge-sheet had been filed, and his three prior criminal antecedents resulted in acquittals.

The State opposed bail, citing the applicant's history as a habitual offender.

1. Whether the applicant is entitled to regular bail considering the quantity of liquor seized, his criminal antecedents, and the duration of his pretrial detention.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, regarding the grant of regular bail.

Substantively, the case involved Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, which carry a punishment range of one to three years.

The court also referenced Sections 209, 269, 351, and 84 of the Bharatiya Nyaya Sanhita (BNS) and BNSS respectively regarding the consequences of non-appearance and breach of bail conditions.

The Court weighed the nature and gravity of the allegations against the applicant’s period of incarceration since 28.01.2026.

Although the State argued that the applicant's three criminal antecedents under the Excise Act demonstrated he was a habitual offender, the Court noted the applicant's submission that he had been acquitted in all three prior cases.

Considering that the charge-sheet had already been filed and that the trial would inevitably take time to conclude, the Court determined that continued detention was not warranted, provided strict conditions were imposed to ensure the applicant's presence during trial.

The holding was contingent upon several conditions: the applicant must not seek unnecessary adjournments, must remain present on all trial dates (specifically for framing charges and recording statements), and must comply with Sections 209 and 269 of the BNS in the event of default. The Court directed the trial court to treat any abuse of liberty as grounds for passing orders in accordance with law.