Regular bail granted under C.G. Excise Act on grounds of parity and clean criminal antecedents.

The applicant was arrested on December 22, 2025, in connection with Crime No. 1138/2025 for allegedly possessing 31.860 liters of liquor.

The prosecution charged the applicant under Section 34(2) of the Chhattisgarh Excise Act.

Following the completion of the investigation, the charge-sheet was filed.

The applicant moved the High Court for regular bail, arguing that he had no criminal antecedents and that his case was identical to a co-accused who was granted bail by the same Court on March 23, 2026.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the period of incarceration, the nature of the offense, and the principle of parity.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

Section 34(2) of the C.G. Excise Act, which prescribes a minimum punishment of one year and a maximum of three years.

Procedural safeguards and penal consequences for bail default under Sections 84, 269, and 351 of the BNSS and Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS).

The Court evaluated the application based on the nature of the allegations and the gravity of the offense.

Key factors influencing the decision included the fact that the applicant had been in custody since December 22, 2025, and the trial was expected to be prolonged.

The Court noted the absence of prior criminal antecedents against the applicant, which reduced the perceived risk of recidivism.

Crucially, the Court applied the principle of parity, observing that the applicant’s case was identical to that of a co-accused who had already been enlarged on bail in MCRC No. 938/2026.

Because the charge-sheet had already been filed, the necessity for continued pretrial detention was diminished.

The holding was contingent on several conditions: (i) the applicant must not seek unnecessary adjournments; (ii) the applicant must appear on all trial dates unless excused; and (iii) any misuse of liberty or failure to appear would trigger proceedings under Sections 209 and 269 of the BNS and Section 84 of the BNSS.

The Court specifically required the applicant’s personal presence during the opening of the case, framing of charges, and recording of statements under Section 351 of the BNSS.