01Facts
The applicant was arrested in connection with an offence under Sections 34(1)(A), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act.
¶ 1The prosecution alleged that 162 litres of whisky manufactured in Madhya Pradesh had been stored at the applicant’s instance at a co-accused’s house, where the liquor was seized.
¶ 1–4No recovery was made from the applicant himself.
¶ 1–4After the charge-sheet was filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 1–4He had been in judicial custody since 5 August 2026, and the co-accused had been granted bail.
¶ 1–4The applicant also had three antecedents, all of which had been disposed of.
¶ 1–402Issues
i.Whether the applicant should be released on regular bail in light of the alleged offence, the circumstances of the seizure, and his criminal antecedents.
¶ 3–6ii.Whether the grant of bail to the co-accused, together with the filing of the charge-sheet and the applicant’s period in custody, supported granting bail.
¶ 603Law Applied
The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for consideration of regular bail by the High Court or Court of Session.
¶ 1The alleged offences were under Sections 34(1)(A), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act.
¶ 1The Court stated no specific precedent or further bail doctrine; it assessed the nature and gravity of the allegations, the case circumstances, the applicant’s antecedents, the status of the investigation and custody, and the co-accused’s bail.
¶ 6Provisions in the judgment · 1 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
04Reasoning
The Court considered that the liquor was seized from the co-accused’s house, not from the applicant’s possession; the charge-sheet had been filed; and the applicant had remained in judicial custody since 5 August 2026.
¶ 6It also noted that all three antecedent cases had been disposed of and that the co-accused had already been granted bail.
¶ 6On those circumstances, the Court found the applicant suitable for bail, without expressing any view on the merits of the case.
¶ 605Holding
The High Court allowed the bail application and directed the applicant’s release upon furnishing 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 and expeditious trial, and requiring the applicant to attend every trial-court hearing until the trial’s disposal.
¶ 7Original Court PDF
GAURAV JAISWALvsSTATE OF CHHATTISGARH
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