Nilambar Yadav vs State Of Chhattisgarh

The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 531/2026, registered at Police Station : Basna, District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

The case of the prosecution, in brief, is that the Police of Police Station, Basna, District- Mahasamund (C.G.), received a secret information from the informant and on the basis of the said information conducted raid and have seized 40 liters of Mahua liquor from the possession of the applicant. Thereafter, Police has registered an offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and that the alleged liquor was not seized from the exclusive possession of the applicant. He further submits that, in the present case, charge-sheet has already been filed before the competent Court and the applicant has no criminal antecedent and he is in jail since 26.09.2026 and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has already been filed before the competent Court and further the applicant has no criminal antecedents but from the possession of the applicant, 40 liters of Mahua liquor was seized and therefore, he is not entitled for grant of bail.

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

Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations alleged against the applicant, the applicant has no criminal antecedents, the quantity of liquor seized from his possession, the fact that the charge-sheet has been filed before the competent Court, the period of incarceration since 26.09.2026 and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the applicant.

Accordingly, the bail application of the applicant 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:-