Suresh Verma vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 315/2026 registered at Police Station Palari, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

The prosecution case, in brief, is that on 30.07.2026, upon receiving credible information that the applicant had illegally stored liquor in his shop situated at Village Devsundra for the purpose of sale, the police conducted a raid at the said premises and allegedly seized a total quantity of 28.950 bulk litres of liquor from the possession of the applicant. On the basis of the said seizure, the offence was registered against the applicant and he was arrested.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would submit that the alleged liquor was not seized from the exclusive possession of the applicant. He would further submit that the charge-sheet has already been filed before the competent Court. So far as the criminal antecedents of the applicant are concerned, he has three previous criminal cases of similar nature, out of which two cases have already been disposed of by imposition of fine and only one case is presently pending, as disclosed in Part-D of the bail application. He would further submit that the applicant has remained in custody since 30.07.2026 and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the applicant has three previous criminal antecedents of similar nature, as disclosed in Part-D of the bail application, out of which only one case is presently pending. He would further submit that but looking to the quantity of liquor seized, i.e. 28.950 bulk litres and the antecedents of the applicant, he is a habitual offender and is not entitled to be released on bail. Therefore, the bail application deserves to be rejected.

I have heard learned counsel for the parties and perused the case diary and other material available on record.

Having considered the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the criminal antecedents of the applicant as disclosed in Part-D of the bail application, wherein out of three previous cases of similar nature, two cases have already been disposed of by imposition of fine and only one case is presently pending and further considering the quantity of liquor allegedly seized, the fact that the charge-sheet has already been filed before the competent Court and the applicant has remained in custody since 30.07.2026 and conclusion of the trial is likely to take some time, thus without further commenting upon the merits of the case, 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, he shall be released on bail on the following conditions:-