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Judgment
The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 103/2026 registered at Police Station Dharsiwa, District Raipur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, 1915 (hereinafter, “the Excise Act”).
Case of the prosecution, in brief, is that the officers of Police Station Dharsiwa, District Raipur, received a secret information from the informant and on the basis of the said information conducted a raid and seized 10.800 bulk liters country made liquor from the possession of the applicant and thereafter, registered the aforesaid offence against the present applicant.
Mr. Rekhraj Baghel, learned counsel appearing for the applicant, would submit that the applicant has falsely been implicated in the present case and he is innocent. He would further submit that the applicant has eight criminal antecedents out of which six cases have already been disposed of and the two pending cases, pertaining to the year 2023 and 2024 are registered under Sections 323, 325, 506/34 of IPC as well as Section 20(b) of the NDPS Act. Learned counsel would further contend that the applicant is in jail since 18/02/2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude, therefore, the applicant be enlarged on regular bail.
On the other hand, Ms. Smriti Shrivastava, learned counsel for the non-applicant/State, would oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. She would further submit that 10.800 liters of country made liquor was seized from the possession of the present applicant, therefore, he is not entitled to grant of regular bail.
I have heard learned counsel for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has eight criminal antecedents, out of which six have already been disposed of and the remaining two, pertaining to the year 2023 and 2024, are registered under Sections 323, 325, 506/34 of IPC as well as Section 20(b) of the NDPS Act are presently pending consideration; and further considering that the charge-sheet has already been filed, the applicant is in jail since 18/02/2026, and conclusion of trial is likely to take some time, this Court is inclined to grant regular bail to the applicant. Accordingly, the bail application 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 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, and
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.