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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. 113/2026 registered at Excise Circle : Janjgir, District : Janjgir-Champa. (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act.
Case of the prosecution, in brief, is that Excise Circle : Janjgir received secret information from the informant and on the basis of said information, raid was conducted wherein 7.200 of country made liquor was seized 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 falsely been implicated in this case and the said 7.200 of hand made liquor was not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant 01 live criminal antecedents under the Excise Act and under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 04.08.2026, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant may abscond, 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.
Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant has 01 live criminal antecedent under the Section 36(f) of Excise Act pending against him, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 04.08.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)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; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.