AI Structured Summary
Not yet generated for this judgment
Judgment
The applicant has preferredo this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No 100/2026, registered at Police Station Saraipali, Distt. Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Excise Act.
As per the prosecution story, on 24-03-2026, the police of Police Station Saraipali intercepted the present applicant and other co-accused person and recovered total 70 Bulk Liter Handmade liquor from the unregistered vehicle, therefore crime has been registered and arrested the present applicant and other co-accused person. Hence, this bail application.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He has neither committed nor participated in the alleged offence and the essential ingredients of the offence are not prima facie attracted against him. It is further submitted that the alleged seizure memo has been falsely prepared by the police to implicate the applicant in the present case. Some of the prosecution witnesses have already been examined before the learned Trial Court and have not supported the case of the prosecution. The co-accused has also been granted bail by this Court vide order dated 19.08.2026. Out of 11 prosecution witnesses, only 04 witnesses have been examined so far. The charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion. So far as criminal antecedents of the applicant are concerned, though the applicant has 3 crimninal antecedents but none is registered under the Excise Act. Lastly, the applicant is in jail since 24.03.2026, therefore, considering the period of incarceration already undergone by the applicant, learned counsel submits that the applicant may kindly be enlarged on regular bail.
On the other hand, learned State counsel would oppose the bail application and submit that from the possession of the present applicant and co-accused person, total 70 Bulk Liter Handmade liquor has been seized and further the applicant has 3 criminal antecedents registered against him, hence, his bail application is liable to be rejected.
I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.
Taking into consideration the facts and circumstances of the case, particularly that the investigation is complete and charge-sheet has already been submitted; the applicant is in jail since 24/03/2026; though there are three criminal antecedents of the applicant but they are registered under the provisions of the IPC and lastly considering that the conclusion of trial is likely to take some time, this Court, without expressing any opinion on the merits of the case, is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by 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 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, and
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.