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Judgment
This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 374/2026 registered at Police Station Kharorar, District Raipur (C.G.), for the offence punishable under Section 34(2) of Excise Act.
Case of the prosecution, in brief, is that on 05.08.2026, police received a secret information from the informant and on the basis of said information, raid was conducted and seized 21.600 bulk liters of liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present applicant.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 21.600 bulk liters of liquor was not seized from the exclusive possession of the applicant. He further submits that the applicant is in jail since 05.08.2026, charge-sheet has been filed and trial is likely to take some time for its conclusion. With regard to seven criminal antecedents of applicant, it is argued that, all seven cases have been disposed of and no case is pending. He would pray for grant of bail to the present applicant.
On the other hand, learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He submits that the applicant has seven criminal antecedents, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered the facts and circumstances of the case, nature and gravity of allegations levelled against the present applicant, the fact that applicant has seven criminal antecedents, but all the cases have already been disposed of and no case is presently pending against the applicant. Further, charge-sheet has been filed, applicant is in jail since 05.08.2026, I am inclined to allow this bail application.
Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
he shall not act in any manner which will be prejudicial to fair and expeditious trial, &
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.