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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. 46/2026 registered at Police Station Gatapar, District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Section 34(2) of Excise Act. Sections 36 and 42 of Excise Act were subsequently added after framing of charge.
Case of the prosecution, in brief, is that on 09.08.2026, as per the information received from an informer, police conducted a raid and upon search of a Bolero vehicle, seized 225 bulk liters of liquor from the possession of the applicant and the co-accused person. Accordingly, registered the aforesaid offence against the present applicant.
Mr. Avishek Sharma, learned counsel appearing for the applicant would submit that applicant has falsely been implicated in the present case and he is innocent. He would further submit that the applicant has no previous criminal antecedents. He would further contend that the applicant is in jail since 09.08.2026 and the trial is likely to take some time to conclude, therefore, the applicant may enlarged on regular bail.
On the other hand, Ms. Sameeksha Gupta, Panel Lawyer for the non-applicant/State would oppose the bail application and submit that charge-sheet has been filed. She would further submit that 225 bulk liters of liquor was seized from the possession of the applicant and co-accused, therefore, the applicant is not entitled to grant of regular bail.
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 applicant and fact that the applicant has no previous criminal antecedents, he is in jail since 09.08.2026 and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the applicant.
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.