Trial delay and charge-sheet filing justify bail notwithstanding the accused's prior criminal antecedents.

The applicant was arrested on January 15, 2026, in connection with Crime No. 24/2026 for allegedly transporting 36 bulk litres of handmade desi plain liquor on a motorcycle

He was charged under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act

The applicant has four criminal antecedents: one pending IPC case from 2019, two disposed cases under the Excise Act, and one case under the Gambling Act

The prosecution opposed bail citing these antecedents and noting that the charge-sheet had already been filed

The applicant argued that the trial would take considerable time and highlighted his period of incarceration since the date of arrest

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering his criminal history and the nature of the offense

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

penal provisions of Sections 34(2) and 59(A) of the C.G. Excise Act, noting the statutory punishment ranges from one to three years

procedural safeguards and penalties for non-compliance with bail conditions under Sections 84, 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS)

The court balanced the gravity of the allegations and the applicant's criminal record against the procedural status of the case.

the court noted that the charge-sheet had already been filed and the applicant had been in custody for approximately two months

The court reasoned that since the maximum punishment for the offense is three years and the conclusion of the trial is likely to be delayed, continued detention was not warranted

The court determined that the applicant's explanations for his past antecedents, coupled with the fact that the trial would take time, justified the exercise of discretionary power to grant bail, provided stringent conditions were imposed to ensure his presence during trial

the applicant must not seek unnecessary adjournments

must appear on all trial dates or face proceedings under Section 269 of the BNS

Any violation of liberty or failure to appear following a proclamation under Section 84 of the BNSS will trigger proceedings under Section 209 of the BNS

must specifically be present for the framing of charges and recording of statements