01Facts
The applicant, a security guard at a government liquor shop in Balod, was implicated after police seized 457.920 bulk litres of liquor from co-accused persons’ houses.
¶ 1The applicant was not alleged to have had liquor recovered from him; the prosecution case against him arose from the allegation that the liquor had been sold by employees of the shop after closing hours.
¶ 1The charge-sheet had been filed, and the applicant had been in judicial custody since 11 August 2026.
¶ 1He sought regular bail, relying also on bail granted to similarly situated co-accused; the State opposed the application on the seriousness of the allegations.
¶ 102Issues
i.Whether the applicant should be released on regular bail in the case under Section 34(2) of the Chhattisgarh Excise Act.
¶ 1ii.Whether the circumstances—including the absence of recovery from the applicant, parity with bailed co-accused, lack of criminal antecedents, and filing of the charge-sheet—supported granting bail.
¶ 303Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.
¶ 1The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act.
¶ 1The Court applied its bail discretion after considering the nature and gravity of the alleged offence, the role attributed to the applicant, the recovery circumstances, parity, criminal antecedents, custody, and the stage of the proceedings.
¶ 6The order cites no precedent.
¶ 6Provisions in the judgment · 1 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
04Reasoning
The Court considered that the liquor had been seized from co-accused persons, not the applicant, and that the applicant’s alleged connection was his employment as a security guard at the shop from which the liquor was said to have been sold.
¶ 6It also noted that similarly situated co-accused had been granted bail, the applicant had no criminal antecedents, the charge-sheet had been filed, and he had been in judicial custody since 11 August 2026.
¶ 6On those circumstances, the Court found it appropriate to grant bail without expressing any view on the merits.
¶ 605Holding
The Court allowed the bail application.
¶ 7It directed the applicant’s release on a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.
¶ 7Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring attendance at every hearing until disposal of the trial.
¶ 7Original Court PDF
DALENDRA KUMAR SAPHAvsTHE STATE OF CHHATTISGARH
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