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Judgment
Hon'ble Shri Justice Rakesh Mohan Pandey
This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 104/2026 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Sections 34(2), 35, 49(B), 49(C) of C.G. Excise Act and Sections 274, 275, 347, 338, 340(2) of BNS.
The case of the prosecution, in brief, is that the police of Police Station Komakhan, District Mahasamund received an information from the informant and on the basis of said information conducted a raid and seized articles including 16.2 litres of English whisky, 31.2 litres of beer, 144.8 litres of country-made liquor, 114 litres of Mahua liquor, and 280 liters of spirit from joint possession of the present applicants and four other co-accused persons. Thereafter, Police has registered an aforesaid offence against the present applicants.
Learned counsel for the applicants submits that the present applicants have falsely been implicated in this case and aforesaid quantity of liquor and 280 liters of spirit were not seized from the exclusive possession of the applicants. He further submits that the applicants are in jail since 11.07.2026, charge-sheet has been filed and trial is likely to take some time for its conclusion. It is submitted that the present applicants have no criminal antecedents. 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.
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 applicants and fact that the applicants have no criminal antecedents. Further, charge-sheet has already been filed before the competent Court, trial is likely to take some time for its conclusion and applicants are in jail since 11.07.2026 and looking to the quantity of the liquor, 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 applicants executing a personal bond for a sum of Rs. 50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-
they 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;
they shall not act in any manner which will be prejudicial to fair and expeditious trial, &
they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.