Rajesh Kumar Kathle 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. 436/2026 registered at Police Station Arang, District Raipur (C.G.), for the offence punishable under Section 34(2) of Excise Act.

The prosecution case, in brief, is that on the basis of secret information received through an informant, the police of Police Station Arang allegedly recovered 28.800 bulk litres of country-made liquor from the joint possession of the applicant and co-accused, which was being carried in an Ertiga car bearing registration No. CG 04 QB 5200. Accordingly, aforesaid offence was registered against the applicant and co-accused persons.

Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the instant case. He would further submit that the alleged liquor was not recovered from the exclusive possession of the applicant. He would also submit that the applicant has no previous criminal antecedents and in the present case, charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time and the applicant is in jail since 14.09.2026. Therefore, he prays for grant of bail to the applicant.

On the other hand, learned counsel for the State would oppose the bail application and submit that in the present case, 28.800 bulk litres of country-made liquor has been seized from the joint possession of the applicant and co-accused persons. She would further submit that looking to the quantity of liquor seized, applicant is not entitled to be released on bail.

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

Having considered the facts and circumstances of the case, quantity of liquor allegedly seized from the joint possession of the applicant and co-accused persons, the fact that the charge-sheet has already been filed before the competent Court and further considering that applicant has no previous criminal antecedent and also considering that the applicant is in custody since 14.09.2026 and conclusion of trial is likely to take some time, without further commenting upon the merits of the case, I am inclined to grant bail to the applicant.

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/-each 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:-