Ajay Kumar vs State Of Chhattisgarh

This is the First Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of regular bail to the applicant, who has been arrested in connection with Crime No.61/2026 registered at Police Station Divisional Flying Squad, Bilaspur, District Bilaspur (C.G.), for the offence punishable under Sections 34(1)(A), 34(2) and 59-A of the Chhattisgarh Excise Act.

Prosecution story in brief is that on 15.07.2026, the police of Divisional Flying Squad, Bilaspur, received an information from the informant to the effect that at Village Pali, the present applicant-Ajay Kumar Netam had kept a large quantity of handmade Mahua liquor in his house for the purpose of sale. On the basis of the said information, in the presence of police staff and witnesses, the applicant was informed about the said information and his residential premises were searched. During search, from a room of the residential house under the possession of the applicant, 15 polythene pouches, each containing 2 litres of handmade Mahua liquor, totalling 30 litres, were seized. Accordingly, the aforesaid offence was registered against the applicant.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated by the police. He would further submit that the police have not followed the proper procedure prescribed under the Excise Act and the seized liquor was not recovered from the exclusive possession of the applicant. It is further submitted that the applicant is not involved in any manner in the alleged offence. Learned counsel would also submit that the applicant is aged about 29 years and has 70% disability in his leg, (a copy of the disability certificate of the applicant has been filed along with the application and marked as Annexure A/4). He would further submit that the applicant is in jail since 15.07.2026 and the charge-sheet has already been filed. So far as the criminal antecedents are concerned, the applicant has four criminal antecedents under the Excise Act, out of which two cases have already been disposed of with fine, whereas two cases of similar nature are still pending and the conclusion of the trial is likely to take some time therefore, he prays for grant of regular bail.

On the other hand, learned State counsel opposes the prayer for grant of bail and submits that 30 litres of handmade Mahua liquor has been seized from the residential premises under the possession of the applicant. She would further submit that the applicant has four criminal antecedents under the Excise Act, out of which two cases of similar nature are still pending. Therefore, she submits that the applicant is a habitual offender and is not entitled to be released on bail.

I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.

Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant and further considering the quantity of liquor seized and the fact that the charge-sheet has already been filed, the period of detention of the applicant since 15.07.2026 and also considering the criminal antecedents of the applicant and further the fact that the applicant is suffering from 70% disability in his leg thus, without further commenting upon the merits of the case, this Court is inclined to grant bail to the applicant.

Accordingly, the bail application of the applicant is allowed. 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:-

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith.