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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. 6/2026-2027 registered at Police Station Excise Circle - Sakti, District Sakti (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 Excise Circle Sakti, District Sakti received an information from the informant and on the basis of the said information conducted a raid and seized 6 bulk liter of country made liquor 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 and the said 06 liter of country made liquor was not seized from the exclusive possession of the applicant. He further submits that the applicant is in jail since 23.09.2026, charge-sheet has been filed and trial is likely to take some long time for its conclusion. It is further submitted that the present applicant has only two criminal antecedents, both were registered in the year 2025 under the provisions of the Excise Act. Out of the said two cases, the applicant has already been acquitted in one case, while the other case is pending consideration. 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 two criminal antecedents, 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 live criminal antecedent of year 2025 of similar nature. In other case, the applicant has already been acquitted. Further, charge-sheet has already been filed before the competent Court and applicant is in jail since 23.09.2026 and looking to the quantity of liquor i.e. 06 liter, 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 :-
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.
