Regular bail granted where chargesheet was filed, the accused had no antecedents, and trial was likely to be prolonged.

The applicant was arrested on 13 August 2026 in connection with Crime No. 138/2026 registered at Excise Circle Ambikapur, District Surguja, for alleged offences under Sections 34(1)(क), 34(2), 59(क), 38(क) and 39(ग) of the Excise Act.

The prosecution alleged that the applicant and co-accused, who worked at a liquor shop, were involved in mixing expensive liquor with cheaper liquor.

Following information regarding the alleged activity, the Excise authorities conducted an inspection and seized approximately 16 litres of liquor.

The applicant filed his first application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

By the time of hearing, the charge-sheet had been filed, and the applicant had no criminal antecedents.

Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations, period of custody, filing of the charge-sheet, absence of criminal antecedents and likely delay in trial.

Whether bail should be granted subject to appropriate conditions to secure the applicant’s presence during the trial and prevent misuse of the liberty of bail.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.

The Court considered the established bail principles requiring assessment of the nature and gravity of the allegations, the material collected by the prosecution, the applicant’s criminal antecedents, the stage of investigation, the filing of the charge-sheet, the period of custody and the likelihood of delay in trial.

Bail was granted without expressing any opinion on the merits of the prosecution case, subject to conditions intended to ensure the applicant’s presence and proper conduct during trial.

The Court noted that although the prosecution alleged the applicant’s direct involvement, the charge-sheet had already been filed and the applicant had no criminal antecedents.

The applicant had remained in custody since 13 August 2026, and the trial was likely to take considerable time.

Balancing these circumstances against the nature of the allegations and the State’s opposition, the Court found the case appropriate for grant of bail.

Since the investigation was complete and continued detention was not shown to be necessary, the Court exercised its discretion under Section 483 of the BNSS, expressly without commenting on the merits.

The applicant was directed to be released on bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount to the satisfaction of the trial court.

The release was made subject to conditions requiring him not to seek unnecessary adjournments when witnesses were present, to remain present before the trial court on each date either personally or through counsel, to appear personally on the dates fixed for opening of the case, framing of charge and recording of his statement under Section 351 of the BNSS, and to face proceedings in accordance with law in the event of misuse of bail or failure to appear pursuant to proclamation.