01Facts
The applicant, an employee of a government liquor shop in Balod, was implicated in a case under Section 34(2) of the Chhattisgarh Excise Act after police seized 457.920 bulk litres of liquor from the houses of two co-accused.
¶ 1The applicant was not alleged to have possessed the seized liquor; his implication arose during the investigation into the alleged sale of liquor by shop employees after closing hours.
¶ 1After the charge-sheet was filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 1He relied, among other matters, on the bail granted to similarly situated co-accused.
¶ 3, 602Issues
i.Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the circumstances of the case.
¶ 1, 5–6ii.Whether the grant of bail to similarly situated co-accused supported granting bail to the applicant.
¶ 3, 603Law 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.
¶ 1The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act.
¶ 1In deciding bail, the Court considered the nature and gravity of the allegations, whether any recovery had been made from the applicant, parity with co-accused who had been granted bail, the applicant’s antecedents, the filing of the charge-sheet, and his custody.
¶ 6Provisions in the judgment · 1 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
04Reasoning
The Court found that the liquor had been seized from the co-accused, not the applicant, and that no recovery had been made from him.
¶ 6It also considered that similarly situated co-accused had already been granted bail, the applicant had no criminal antecedents, the charge-sheet had been filed, and he had been in judicial custody since 25 July 2026.
¶ 6Weighing these circumstances, the Court concluded that the applicant’s release on bail was appropriate without expressing any view on the merits of the case.
¶ 605Holding
The Court allowed the bail application and 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 the applicant to attend every hearing until the trial concludes.
¶ 7Original Court PDF
TIKESHWAR NISHADvsSTATE OF CHHATTISGARH
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