Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para. 1The prosecution alleged that he supplied 10.02 litres of liquor to a co-accused for sale; the liquor was recovered from the co-accused, not the applicant.
Source reference: para. 2; para. 6The applicant had been in custody since 28 July 2026.
Source reference: para. 3The parties disputed the number of his Excise Act antecedents, and the co-accused from whose possession the liquor was seized had been granted bail.
Source reference: paras. 3–4Issues
Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the allegations, custody, antecedents, and bail granted to the co-accused.
Source reference: paras. 1, 3–6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for 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 allegations, the quantity involved, whether the liquor was recovered from the applicant, the period of custody, the co-accused’s bail, the applicant’s antecedents, and the likely time required to conclude the trial.
Source reference: para. 6Reasoning
The Court weighed the allegation that the applicant supplied liquor for sale against the fact that the liquor was recovered from the co-accused rather than from the applicant’s physical possession.
Source reference: paras. 2, 6It also considered the applicant’s custody since 28 July 2026, the co-accused’s release on bail, the applicant’s criminal antecedents, and the likelihood of delay in concluding the trial.
Source reference: para. 6On the overall circumstances, and without expressing a view on the merits, the Court found bail justified.
Source reference: para. 6Holding
The Court allowed the bail application.
It directed the applicant’s release upon furnishing a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.
Source reference: para. 7Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicant to attend every hearing until the trial concludes.
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
NAVESH KUMAR TIWARI @ MANT TIWARI (MANTA)vsSTATE OF CHHATTISGARH
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