Applicant granted bail considering gravity of offense, no criminal antecedent, and delayed trial.

The applicant, Bharat Bhardwaj, was arrested in connection with Crime No. 07/2026, registered at Police Station - Saraipali, District- Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act.

The prosecution alleges that on January 6, 2026, based on secret information, police conducted a raid and found 20 Bulk liters of handmade illicit liquor in the applicant's possession.

The applicant has been in judicial custody since January 6, 2026.

The applicant denies the allegations, claiming false implication, stating the liquor was seized from an open place, not his possession, and that a false seizure memo was prepared.

The charge-sheet has been filed in the case.

1. Whether the applicant, Bharat Bhardwaj, is entitled to be released on regular bail in connection with Crime No. 07/2026 for the offence under Section 34(2) of the C.G. Excise Act

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, regarding the grant of regular bail.

The principles generally considered for bail applications include the facts and circumstances of the case, the nature and gravity of the offence, the presence or absence of criminal antecedents, the filing of the charge-sheet, and the time likely to be taken for the conclusion of the trial.

The court considered the facts and circumstances of the case, including the nature and gravity of the offence alleged against the applicant.

Key factors influencing the decision were that the applicant has no criminal antecedent and that the charge-sheet has been filed before the competent Court.

Crucially, the court noted that the applicant has been in jail since January 16, 2026, and acknowledged that the conclusion of the trial may take a considerable amount of time.

Balancing these factors, the court determined that a continued pre-trial detention was not warranted given the circumstances.

Bharat Bhardwaj was ordered to be released on bail on furnishing a personal bond with two local sureties for the satisfaction of the concerned court.

The bail was granted subject to several conditions, including filing an undertaking not to seek adjournments when witnesses are present, remaining present before the trial court on each fixed date, and remaining present for the opening of the case, framing of charge, and recording of statement under Section 351 of BNSS.