Facts
The applicant was arrested on 25/02/2026 in connection with Crime No. 175/2025 for allegedly possessing 148.40 liters of foreign liquor jointly with a co-accused
Source reference: p. 2, para. 2-3He was charged under Sections 34(1), 34(1)(a), 34(2), 36, and 59(a) of the Chhattisgarh Excise Act
Source reference: p. 2, para. 1The applicant moved the High Court for regular bail, contending false implication and noting that he has been in custody since February 2026
Source reference: p. 2, para. 3The State opposed the bail, citing the applicant’s two criminal antecedents under the same Act and the significant quantity of liquor seized
Source reference: p. 2, para. 4Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offense and his period of incarceration
Source reference: p. 2-3, para. 3 & 6Law Applied
The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail
Source reference: p. 1, para. 1It also considered Section 34(2) of the Chhattisgarh Excise Act, noting the prescribed minimum punishment of one year and a maximum of three years
Source reference: p. 2, para. 3Section 269 of the Bharatiya Nyaya Sanhita (BNS) for non-attendance
Source reference: p. 3, para. 7(ii)Section 84 of the BNSS for proclamations and Section 209 of the BNS for non-appearance following a proclamation
Source reference: p. 4, para. 7(iii)Reasoning
The court balanced the gravity of the allegations and the applicant's criminal history against the duration of his pretrial detention and the status of the trial
Source reference: p. 2-3, para. 6Although the State highlighted two antecedents, the court observed that the applicant had been acquitted in one (2023) while the other (2025) remained pending
Source reference: p. 2, para. 4, 6Given that the charge-sheet has already been filed and the trial is expected to take a considerable amount of time, the court determined that further detention was not warranted
Source reference: p. 2-3, para. 6To prevent the abuse of liberty, the court imposed strict conditions requiring the applicant’s presence at key trial stages, such as the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: p. 4, para. 7(iv)Holding
The court held that the applicant is entitled to bail due to his period of custody since 25/02/2026 and the likely duration of the trial
The court allowed the bail application and ordered the release of Rajesh Sharma upon furnishing a personal bond and two sureties, subject to several conditions, including a prohibition on seeking adjournments when witnesses are present and a requirement to appear personally for the opening of the case, framing of charges, and recording of statements
Source reference: p. 3, para. 7; p. 4, para. 7(iv)Original Court PDF
RAJESH SHARMAvsSTATE OF CHHATTISGARH
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