Facts
The applicant was arrested in connection with Crime No. 16/2026, registered under Sections 34(1)(A)(f), 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915, after 21 bulk litres of liquor were allegedly seized from his house on 9 July 2026.
Source reference: para. 1–2In his first application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant relied on his custody since 10 July 2026, the filing of the charge-sheet and the likely duration of trial.
Source reference: para. 3The State opposed bail, citing six prior Excise Act cases from 2022 to 2026, three of which remained pending.
Source reference: para. 4Issues
1. Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite the alleged seizure of 21 bulk litres of liquor and his prior similar cases.
Source reference: para. 1–6Law Applied
The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the basis for the Court’s consideration of regular bail.
Source reference: para. 1The alleged offences were under Sections 34(1)(A)(f), 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1The Court’s stated basis for deciding the application was its assessment of the alleged quantity and nature of the contraband and the applicant’s antecedents; it cited no separate precedent or further legal test.
Source reference: para. 6Reasoning
The Court acknowledged that the charge-sheet had been filed, but considered the alleged seizure of 21 bulk litres alongside the applicant’s six prior cases of a similar nature, including three still pending.
Source reference: para. 6It treated those antecedents as indicating that the applicant was a habitual offender and concluded that the quantity and nature of the contraband, particularly when considered with the antecedents, weighed against release on bail.
Source reference: para. 6Holding
The Court rejected the applicant’s first regular-bail application in Crime No. 16/2026 for offences under Sections 34(1)(A)(f), 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915.
Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
DHARAM SINGH JATWARvsSTATE OF CHHATTISGARH
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