Regular bail granted in Excise Act case involving no criminal antecedents and prolonged pre-trial detention.

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The applicant, Bhagwati Banjare, was arrested on 20/02/2026 following a police search of her courtyard, which resulted in the seizure of 65 bulk litres of handmade liquor.

The applicant was charged under Section 34(2) of the C.G. Excise Act.

The applicant contended she was falsely implicated and that the trial would be lengthy, while the State opposed the bail citing the quantity recovered, though admitting the applicant had no criminal antecedents and the charge-sheet had been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the offense and local excise laws.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail.

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

Section 269 (non-appearance), Section 84 (proclamation for person absconding), and Section 209 (failure to appear) of the Bharatiya Nyaya Sanhita (BNS), and Section 351 of the BNSS (recording of statement).

The Court weighed the gravity of the allegations against the applicant’s period of incarceration since 20/02/2026.

It noted that the investigation was nearing completion as the charge-sheet had already been filed before the competent court.

A critical factor in the Court's reasoning was the absence of any criminal antecedents for the applicant.

Applying the principle of judicial discretion in bail matters, the Court observed that since the conclusion of the trial would likely take a significant amount of time, continued detention was unnecessary.

The Court balanced the State's interest in prosecution by imposing strict conditions, including mandatory presence during trial stages and penalties for seeking unnecessary adjournments, to ensure the applicant does not abuse the liberty of bail.

The High Court allowed the bail application, granting regular bail to the applicant... The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to specific conditions: she must not seek adjournments when witnesses are present [para 7(i)], she must appear at all trial dates or face proceedings under Section 269 of the BNS [para 7(ii)], and she must be present for the framing of charges and recording of statements under Section 351 of the BNSS [para 7(iv)].