Regular bail granted for Section 34(2) Excise Act offence citing lack of criminal antecedents and prolonged incarceration.

The applicant, Babulal Khadiya, was arrested on February 13, 2026, following a police raid in Mahasamund where 25 bulk liters of country-made liquor were allegedly seized from his possession.

Consequently, Crime No. 71/2026 was registered against him.

The applicant moved the High Court of Chhattisgarh seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, asserting his innocence and noting that the investigation was complete with the filing of the charge-sheet.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the offense and the duration of his custody.

Section 34(2) of the Chhattisgarh Excise Act, which provides for a minimum punishment of one year and a maximum of three years for the unlawful possession of liquor.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS regarding the consequences of non-appearance and the misuse of trial liberties.

The court evaluated the gravity of the allegations alongside the mitigating factors presented by the applicant’s counsel. It noted that the quantity seized was 25 bulk liters and that the applicant had no prior criminal record.

The court placed significant weight on the fact that the charge-sheet had already been filed, thereby concluding the investigation phase, and that the applicant had been in custody since February 13, 2026.

Given that the trial was likely to take time and the maximum sentence for the offense is three years, the court determined that further incarceration was not warranted, provided strict conditions were imposed to ensure the applicant's presence during the trial.

The court issued specific directions to ensure trial compliance, including mandates that the applicant shall not seek unnecessary adjournments, must remain present on all fixed dates, and must comply with Sections 84 and 209 of the BNSS/BNS regarding proclamations and appearances.