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Judgment
The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 132/2026, registered at Excise Circle Saraipali, District Mahasamund (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
The prosecution story, in brief, is that on 14.09.2026, acting upon secret information, the Excise Officer conducted a search of the residential house of the applicant and allegedly seized 15.500 bulk litres of country-made liquor. As the applicant failed to produce any valid licence or document authorising possession of the said liquor, the aforesaid offence was registered against her.
Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that the alleged liquor was seized from an open place near the residential house of the applicant and not from her exclusive or conscious possession. He would further submit that the charge-sheet has already been filed, the applicant has no criminal antecedents and she is in jail since 14.09.2026 and the conclusion of trial is likely to take some time therefore, he prays for grant of bail.
On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that 15.500 bulk litres of country-made liquor was seized from the possession of the applicant. Though the charge-sheet has already been filed and the applicant has no criminal antecedents but considering the quantity of liquor seized, she is not entitled to be released on bail.
I have heard learned counsel for the parties and perused the case-diary.
Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations alleged against the applicant, the applicant has no criminal antecedent, the quantity of liquor seized from her possession, the fact that the charge-sheet has been filed before the competent Court, the period of incarceration since 14.09.2026 and the fact that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the applicant
Accordingly, the bail application of the applicant is allowed. 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, she shall be released on bail on the following conditions:-
she 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 her from disclosing such fact to the Court;
she shall not act in any manner which will be prejudicial to fair and expeditious trial, &
she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.