Manish Chaturvedi vs State Of Chhattisgarh

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. 114/2026, registered at Police Station Gidhpuri, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

The prosecution story, in brief, is that on 11.08.2026, acting upon secret information, the police conducted a raid and allegedly seized 15.480 bulk litres of country-made liquor from the possession of co-accused Tej Singh Chaturvedi. During investigation, the name of the present applicant surfaced in the memorandum statement of the co-accused, on the basis of which he was implicated and arrested in the present case.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that no liquor was seized from the possession of the applicant and he has been implicated solely on the basis of the memorandum statement of the co-accused. As per the prosecution story itself, only two persons were travelling on a motorcycle, out of whom one fled from the spot upon seeing the police, whereas the applicant has been falsely implicated as a third person. He would further submit that the co-accused persons have already been granted bail by the learned trial Court and the applicant is in jail since 17.08.2026 and the conclusion of trial is likely to take some time. Therefore, he prays for grant of bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that 15.480 bulk litres of country-made liquor was seized from the possession of the co-accused and the name of the present applicant surfaced in his memorandum statement. He would further submit that the applicant has one criminal antecedent under the Arms Act, registered in the year 2025, which is still pending, as disclosed in Part-D of the bail application. Therefore, the applicant is a habitual offender, his bail application deserves to be dismissed.

I have heard learned counsel appearing for the parties and perused the case diary.

Having considered the facts and circumstances of the case, particularly the fact that the name of the present applicant surfaced in the memorandum statement of the co-accused, no liquor was seized from his possession, the quantity of liquor seized in the present case is 15.480 bulk litres, the co-accused persons have already been granted bail by the learned trial Court and the applicant is in jail since 17.08.2026 and he has only one criminal antecedent under the Arms Act registered in the year 2025, which is still pending, thus without further commenting upon the merits of the case, this Court is inclined to grant 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 the following conditions:-