Regular bail granted under Excise Act considering detention period and pending investigation notwithstanding previous criminal antecedents.

The applicant, a plastic scrap dealer, was arrested on January 26, 2026, in connection with Crime No. 103/2026 registered at Police Station Pulgaon, District Durg

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

The applicant argued that he was falsely implicated due to his business as a scrap dealer and asserted that the nine cases previously lodged against him were of a preventive nature

The State opposed the bail, highlighting the applicant's nine criminal antecedents

At the time of the hearing, the applicant had been in judicial custody for approximately two months, and the charge-sheet had not yet been filed

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of his criminal antecedents and the duration of his pretrial detention

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant regular bail

The substantive offence was considered under Section 34(2) of the Excise Act

procedural safeguards and penalties for non-compliance during bail as contemplated under Sections 84 (proclamation for person absconding), 209 (punishment for non-appearance in court), 269 (punishment for non-attendance in obedience to an order from a public servant), and 351 (recording of statement of the accused) of the BNSS

The Court balanced the gravity of the alleged offence and the applicant's criminal history against the procedural status of the case.

While acknowledging the State's concern regarding the nine previous antecedents, the Court emphasized that the applicant had been in custody since January 26, 2026, and that the investigation was incomplete as the charge-sheet had not been filed

Reasoning that the conclusion of the trial would take considerable time, the Court found that continued detention was not justified

To mitigate the risk of recidivism or absconding, the Court opted to impose stringent conditions regarding the applicant's conduct during the trial rather than denying liberty

The applicant was ordered to be released upon furnishing a personal bond with two local sureties

The holding was made subject to several conditions: (i) the applicant must not seek adjournments when witnesses are present; (ii) he must appear on every trial date or face proceedings under Section 269 of the BNSS; (iii) any failure to appear after a proclamation will trigger Section 209 of the BNSS; and (iv) he must be personally present for the framing of charges and the recording of his statement under Section 351 of the BNSS