Pradeep Sahu vs State Of Chhattisgarh

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. 13/2026 registered at Police Station Awapalli, District Bijapur (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 Awapalli received an information from the informant and on the basis of the said information conducted a raid and seized 117 bottles of Superior Whisky, 33 bottles of Kangaroo 10000 Beer, total 27 liter of foreign liquor and 10.400 liter of beer from possession of the present applicant. Thereafter, Police has registered aforesaid offence against the present applicant.

Learned counsel for the applicant submits that the present applicant has falsely been implicated in this case. He further submits that the applicant is in jail since 04.09.2026, charge-sheet has been filed and trial is likely to take some time for its conclusion. It is further submitted that the present applicant has only one criminal antecedent registered in the year 2019 under the provisions of the Excise Act, but he has already been acquitted in that case. He 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. He 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 no live criminal antecedent. Though one case of similar nature was registered in the year 2019, but he has already been acquitted in the said case. Further, charge-sheet has already been filed before the competent Court and applicant is in jail since 04.09.2026 and looking to the quantity of liquor, 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, he shall be released on bail on the following conditions :-