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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. 115/2026 registered at Police Station Excise Circle Janjgir (Sub Excise Circle Akaltara), District Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of Excise Act.
Case of the prosecution, in brief, is that as per the information received from an informer, police conducted a raid and seized 16.920 bulk liters of country made liquor from house of the applicant. Accordingly, registered the aforesaid offence against the present applicant.
Learned counsel appearing for the applicant would submit that applicant has falsely been implicated in the present case. He would further submit that applicant has two previous criminal antecedents of Excise Act, which was registered in the year 2024, one case is disposed of and another case is pending. He would further contend that the applicant is in jail since 04.08.2026 and trial is likely to take some time to conclude, therefore, applicant may enlarged on regular bail.
On the other hand, Ms. Ritika Verma, Panel Lawyer for the non-applicant/State would oppose the bail application and submit that charge-sheet has been filed. She would further submit that 16.920 bulk liters of country made liquor was seized from the possession of the applicant and one case of similar nature is pending, therefore, instant application deserves to be rejected.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered facts and circumstances of the case, nature and gravity of allegations levelled against the applicant and fact that applicant has two previous criminal antecedents under the Excise Act, which were registered way back in the year 2024, one of the cases has already been disposed of, charge-sheet has been filed, he is in jail since 04.08.2026 and conclusion of the trial is likely to take some time, this Court is inclined to grant regular 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/-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.