Regular bail granted for excise offense where charge-sheet filed and criminal antecedents adequately explained.

The applicant was arrested on 12.03.2026 following a police raid based on secret information, which resulted in the recovery of 07 liters of country-made Mahua liquor from his possession

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

The applicant approached the High Court seeking regular bail, contending false implication and noting that he had been in custody since the date of arrest

The State opposed the bail, pointing to the applicant’s six criminal antecedents and labeling him a habitual offender

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the quantity of liquor seized and his criminal history

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

Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, noting the sentencing range of one to three years

Procedural requirements for bail conditions as envisioned under Sections 84, 209, 269, and 351 of the BNSS to ensure the accused’s presence during trial

The Court balanced the gravity of the offence against the period of incarceration already undergone by the applicant. It noted that the charge-sheet had already been filed and the trial was expected to take a considerable amount of time

Regarding the applicant's criminal antecedents, the Court observed that although there were six prior cases, three were mere preventive (Istaghasa) proceedings, two had resulted in acquittals, and only one remained pending

Given that the quantity of liquor seized (07 liters) was relatively small and the applicant had sufficiently explained his past record in the application, the Court determined that continued detention was not warranted provided stringent conditions were imposed to ensure his cooperation with the trial

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must appear personally on specific trial milestones (framing of charges/statement recording), and is warned that any default or misuse of liberty will trigger proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita