Regular bail granted under Excise Act citing clean criminal antecedents and filing of charge-sheet.

The applicant was arrested on January 22, 2026, following a police raid at Shivrinarayan, District Janjgir-Champa, where 15 liters of Mahua liquor were allegedly recovered from his possession.

He was charged under Section 34(2) of the Chhattisgarh Excise Act.

The applicant moved for regular bail, contending that he was falsely implicated, the liquor was not in his exclusive possession, and that he had no prior criminal record.

It was further submitted that the charge-sheet had already been filed and the applicant had been in custody since his arrest.

Whether the applicant is entitled to the grant of regular bail under the Bharatiya Nagrik Suraksha Sanhita, 2023, in light of his period of incarceration and lack of criminal antecedents.

The Court exercised its jurisdiction under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The substantive offence was registered under Section 34(2) of the Chhattisgarh Excise Act, which carries a minimum punishment of one year and a maximum of three years.

Procedurally, the Court referenced Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-appearance, Section 84 of the BNSS regarding proclamations, and Section 351 of the BNSS regarding the recording of statements.

The Court examined the nature and gravity of the allegations alongside the applicant's personal history.

It specifically noted that the State confirmed the applicant had no previous criminal antecedents.

The Court observed that since the charge-sheet had already been filed and the applicant had been in jail since January 22, 2026, further detention was not warranted, especially as the conclusion of the trial was expected to take a considerable amount of time.

The Court balanced the liberty of the applicant against the need for trial discipline by imposing strict conditions regarding his presence during key stages of the proceedings.

The holding is subject to several conditions: the applicant must not seek adjournments during witness testimony, must appear personally on all fixed dates (unless exempted), and must specifically be present for the framing of charges and recording of statements under Section 351 of the BNSS.

Any violation of these conditions allows the trial court to treat the default as an abuse of liberty and proceed in accordance with Sections 209 or 269 of the BNS.