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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. 771/2026 registered at Police Station Pulgaon, District Durg (C.G.), for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.
The case of the prosecution, in brief, is that the police of Police Station Pulgaon, District Durg received an information from the informant and on the basis of the said information conducted a raid and seized 5.4 bulk liters of liquor from the possession of the present applicant. Thereafter, Police has registered an 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 5.4 bulk liter of liquor was not seized from the exclusive possession of the applicant. He further submits that the applicant is in jail since 02.09.2026, charge-sheet has been filed and trial is likely to take some time for its conclusion. With regard to five criminal antecedents of applicant, it is argued that those cases were registered in the year 2016, 2022 and 2023 and out of five cases, four cases have already been disposed of and only one case is pending. 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 one case of similar nature registered in the year 2023 is pending consideration, 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 five criminal antecedents. Out of said cases, four cases have already been disposed of and there is no live criminal antecedent, which was registered in the year 2026. Further, charge-sheet has already been filed before the competent Court and applicant is in jail since 02.09.2026, therefore, 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.