Facts
The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following their arrest in Crime No. 105/2026, registered under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para. 1–2The prosecution alleged that 110 litres of country-made liquor were seized from them after a police raid based on secret information.
Source reference: para. 1–2The applicants disputed exclusive possession, stated that one had no criminal antecedents and the other two had a prior case ending in acquittal, and submitted that they had been in custody since 26 August 2026.
Source reference: para. 3The State opposed bail, noting that the charge-sheet had been filed and expressing concern that the applicants might abscond.
Source reference: para. 4Issues
1. Whether the applicants should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the circumstances of the case.
Source reference: para. 1, 62. Whether the alleged risk of absconding justified denying bail after filing of the charge-sheet.
Source reference: para. 4, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant regular bail.
Source reference: para. 1The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para. 1In deciding bail, the Court considered the nature and gravity of the allegation, the applicants’ criminal antecedents, completion of the investigation and filing of the charge-sheet, period of custody, and likely duration of trial.
Source reference: para. 6Reasoning
The Court weighed the allegation concerning 110 litres of liquor against the applicants’ lack of live criminal antecedents, the filing of the charge-sheet, and their custody since 26 August 2026.
Source reference: para. 6It considered that the trial might take further time and concluded that bail was warranted.
Source reference: para. 6Although the State raised a risk of absconding, the Court granted bail subject to conditions requiring availability for police interrogation, non-interference with witnesses, and conduct consistent with a fair and expeditious trial.
Source reference: paras. 4, 7Holding
The Court allowed the bail application.
It directed that the applicants be released on bail upon executing a personal bond of ₹50,000 each to the satisfaction of the trial Court, subject to the stated conditions.
Source reference: para. 7The Court clarified that its observations were limited to the bail application and would not affect the trial Court’s decision on the merits.
Source reference: para. 7Acts & 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
ASHOK MATHURvsSTATE OF CHHATTISGARH
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