Regular bail granted under Chhattisgarh Excise Act considering completion of investigation and disposal of prior criminal antecedents.

The applicant was arrested on February 5, 2026, in connection with Crime No. 64/2026 for the alleged possession and transportation of 13.140 bulk liters of liquor and a mobile phone seized from a scooty

The Police Station Dongargarh registered the case under Section 34(2) of the C.G. Excise Act

The applicant has two criminal antecedents: one under the Excise Act (disposed of with a fine) and one under the IPC (disposed of via compromise)

At the time of the hearing, the investigation was complete, and the charge-sheet had been filed

The applicant sought regular bail, citing his duration of incarceration and the nature of the previous offenses

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), given the quantity of contraband seized and his criminal history

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

It considered the penal provisions of Section 34(2) of the C.G. Excise Act, noting the sentencing range of one to three years

Procedurally, the court referenced Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding penalties for non-appearance, and Sections 84, 209, and 351 of the BNSS/BNS concerning proclamations for absconding persons and the recording of accused statements

The Court balanced the gravity of the offense against the applicant's period of pre-trial detention since February 5, 2026

While the State opposed bail due to the recovery of 13.140 liters of liquor and the applicant's prior criminal record, the Court noted that the previous cases were already resolved through fine or compromise

The Court further reasoned that since the charge-sheet had been filed and the trial was unlikely to conclude in the near future, the applicant’s continued incarceration was unnecessary

The Court determined that the facts and circumstances justified the exercise of discretionary power to grant bail, provided stringent conditions were imposed to ensure the applicant's cooperation with the trial process

The Court held that the applicant be released upon furnishing a personal bond with two sureties, subject to conditions including: (i) an undertaking not to seek adjournments during witness testimony; (ii) mandatory appearance on all trial dates; and (iii) personal presence during the framing of charges and recording of statements under Section 351 of the BNSS

Any violation of these conditions or misuse of liberty would entitle the trial court to initiate proceedings under Sections 209 or 269 of the BNS