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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 applicants who have been arrested in connection with Crime No. 555/2026 registered at Police Station Basna, District Mahasamund (C.G.), for the offence punishable under Section 34(2) of C.G. Excise Act.
The case of the prosecution, in brief, is that the police of Police Station Basna, District Mahasamund received an information from the informant and on the basis of said information conducted a raid and seized 100 bulk liters of country made mahua liquor from joint possession of present applicants. 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 the said 100 bulk liter of country made mahua liquor was not seized from the exclusive possession of the applicants. He further submits that the applicants are in jail since 06.10.2026, 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 applicants.
On the other hand, learned counsel for the State would oppose the bail application.
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, applicants are in jail since 06.10.2026 and looking to the quantity of the liquor, without making any observation on merits of the case, 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.