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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. 170/2026 registered at Police Station Bhatgaon, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 34(2) of C.G. Excise Act.
The case of the prosecution, in brief, is that the police of Police Station Bhatgaon, District Sarangarh-Bilaigarh received an information from the informant and on the basis of the said information conducted a raid and seized 60 bulk liters of illicit liquor from the possession of the present applicant. Thereafter, Police has registered an aforesaid offence against the present applicant.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 60 liter of illicit liquor was not seized from the exclusive possession of the applicant. She further submits that the applicant is in jail since 11.09.2026, charge-sheet has been filed and trial is likely to take some long time for its conclusion. It is argued that the present applicant has only one criminal antecedent, which was registered in the year 2022 under the provisions of Indian Penal Code. She would pray for grant of bail to the present applicant.
On the other hand, learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant has one criminal antecedent, 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.
Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and fact that the applicant has one criminal antecedent of year 2022 registered under the provisions of Indian Penal Code. Further, charge-sheet has already been filed before the competent Court and applicant is in jail since 11.09.2026 and looking to the quantity of the liquor i.e. 60 liters, I am inclined to allow this bail application.
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, they 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.
