Regular bail warranted for woman accused with no antecedents, filed chargesheet, and prolonged anticipated trial.

The applicant, Smt. Nirmala Thakur, aged approximately 45 years, was arrested in connection with Crime No. 58/2026 registered at Police Station Excise Circle, Seepat, District Bilaspur, for an alleged offence under Section 34(2) of the Excise Act.

The prosecution alleged that she was found in illegal possession of 42 litres of country-made liquor.

The applicant had been in custody since 20 June 2026, had no criminal antecedents, and the charge-sheet had already been filed.

She sought regular bail on the grounds that she was innocent, had been falsely implicated, and that the trial would take considerable time.

The State opposed the application on the basis of the alleged recovery of 42 litres of liquor.

Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 34(2) of the Excise Act.

Whether the applicant’s age, gender, absence of criminal antecedents, period of custody, filing of the charge-sheet, and the anticipated delay in trial justified the grant of bail.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant regular bail to a person accused of an offence and in custody.

The alleged substantive offence was Section 34(2) of the Excise Act, concerning unlawful possession of the prescribed quantity of liquor.

In deciding bail, the Court considered the nature of the allegation, the applicant’s personal circumstances, the absence of criminal antecedents, the period of incarceration, filing of the charge-sheet, and the probable duration of the trial.

The bail was made subject to conditions securing the applicant’s appearance and preventing misuse of liberty, including conditions concerning adjournments, attendance, proclamation proceedings, and personal presence at material stages of trial.

The Court acknowledged the prosecution’s allegation that the applicant was found in possession of 42 litres of country-made liquor, but found that the overall circumstances justified release on bail.

In particular, the applicant was a 45-year-old woman with no criminal antecedents, had remained in custody since 20 June 2026, and the charge-sheet had already been filed, thereby reducing the need for continued custodial detention.

Since the trial was likely to take considerable time, the Court exercised its discretion under Section 483 BNSS in favour of bail, expressly without commenting on the merits of the prosecution case.

Bail was subject to conditions requiring her not to seek unnecessary adjournments when witnesses were present, to remain present before the trial Court, to comply with proceedings under the applicable statutory provisions in the event of absence or non-appearance, and to appear personally at the opening of the case, framing of charge, and recording of her statement under Section 351 BNSS.