Regular bail may be granted in excise offenses where the accused has no criminal antecedents and the charge-sheet is filed.

The applicant was arrested on 28.01.2026 in connection with Crime No. 23/2026 for allegedly transporting 45 bulk liters of handmade Kachchi Mahua liquor on a motorcycle

The police registered an FIR under the Chhattisgarh Excise Act after seizing the liquor

The applicant filed this first bail application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, contending false implication, lack of exclusive possession, and absence of prior criminal antecedents

The charge-sheet has already been filed, and the applicant has been in judicial custody since 28.01.2026

1. Whether the applicant is entitled to the grant of regular bail considering the nature of the offense, his criminal history, and the stage of the trial.

Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail

Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, which prescribe a punishment ranging from one to three years for the unlawful transport of liquor

Procedural safeguards under Sections 209, 269, 84, and 351 of the BNSS to ensure the applicant’s presence during trial while on bail

The Court evaluated the gravity of the allegations alongside the applicant's conduct and procedural status. It noted that the charge-sheet had already been filed, meaning custodial interrogation was no longer required

Crucially, the Court observed that the applicant had no previous criminal antecedents, a fact endorsed by the State’s counsel

Given the prescribed punishment for the offense (1–3 years) and the likelihood that the trial would consume a considerable amount of time, the Court reasoned that continued incarceration was unnecessary

The Court balanced the liberty of the individual with the integrity of the judicial process by imposing strict conditions, such as prohibiting adjournments when witnesses are present and requiring personal appearances at key trial stages

The applicant was ordered to be released on regular bail upon furnishing a personal bond with two sureties

The holding is contingent upon several conditions, including that the applicant must not seek unnecessary adjournments [para 7(i)], must appear on every date fixed by the trial court [para 7(ii)], and must be present personally for the framing of charges and recording of statements [para 7(iv)]. Any violation of these conditions allows the trial court to initiate proceedings for abuse of liberty or under Section 209 of the BNS