Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a prosecution under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1–2Police alleged that 33 bulk litres of country-made liquor were seized from his possession following a raid.
Source reference: para. 1–2The applicant submitted that he had no criminal antecedents, had been in custody since 15 August 2026, and that the charge-sheet had been filed; the State opposed bail, relying on the quantity seized and the alleged exclusive possession.
Source reference: para. 3–4Issues
Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the circumstances of the case.
Source reference: para. 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the Court to grant regular bail.
Source reference: para. 6In deciding the application, the Court considered the nature and gravity of the allegations, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of custody, and the likely time required to conclude the trial.
Source reference: para. 6The alleged offence was under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1Reasoning
Although 33 bulk litres of country-made liquor had allegedly been seized from the applicant, the Court noted that he had no previous criminal antecedents, indicating that he was not a habitual offender.
Source reference: para. 6The charge-sheet had been filed, the applicant had been in custody since 15 August 2026, and the trial was likely to take time. Considering these circumstances alongside the nature and gravity of the allegations, the Court found it appropriate to grant bail.
Source reference: para. 6Holding
The Court allowed the bail application.
It directed that the applicant be released upon executing a personal bond of ₹50,000 with one surety for the like sum, subject to the trial Court’s satisfaction.
Source reference: para. 6–7Bail was conditioned on non-interference with witnesses, conduct consistent with a fair and expeditious trial, and appearance on every date fixed by the trial Court until conclusion of the trial.
Source reference: para. 6–7The Court clarified that its observations were limited to the bail application and would not affect the trial Court’s independent decision on the merits.
Source reference: para. 8Acts & 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
KAMAL BANJAREvsSTATE OF CHHATTISGARH
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