Facts
The applicant was arrested in connection with Crime No. 13/2026 registered at Police Station Excise Circle, Janjgir, District Janjgir-Champa, for an alleged offence under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para. 1–2The prosecution alleged that, pursuant to secret information received on 10 July 2026, a raid was conducted at the applicant’s house, resulting in the seizure of 7.200 bulk litres of handmade liquor.
Source reference: para. 1–2The applicant, aged about 23 years, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that he was innocent, was a poor villager, had remained in custody since 10 July 2026, and that the trial would take time.
Source reference: para. 3The State opposed bail, pointing out that the applicant had one similar criminal antecedent.
Source reference: para. 4Issues
Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, while facing prosecution under Section 34(2) of the Excise Act.
Source reference: para. 1, 5–6Whether the applicant’s period of detention, age, quantity of liquor allegedly seized, and the likelihood of delay in conclusion of trial justified grant of bail despite the State’s objection regarding a similar criminal antecedent.
Source reference: para. 3–6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail, and considered the allegation under Section 34(2) of the Excise Act.
Source reference: para. 1In deciding bail, the Court considered the nature and seriousness of the allegation, the material available on record, the applicant’s age, the period of custody, and the likelihood of the trial taking time, without expressing any opinion on the merits of the prosecution case.
Source reference: para. 5–6The Court also imposed conditions to secure the applicant’s presence, prevent delay, and regulate misuse of bail, including conditions concerning adjournments, attendance, proclamation proceedings, and personal appearance at material stages of the trial.
Source reference: para. 7Reasoning
The Court found that the alleged seizure was of 7.200 bulk litres of handmade liquor and that the applicant had remained in custody since 10 July 2026.
Source reference: para. 2, 6Balancing these circumstances against the State’s objection regarding one similar criminal antecedent, the Court considered the applicant’s young age and the likelihood that the trial would take time to conclude.
Source reference: para. 5–6Without commenting on the merits of the case, it held that the circumstances justified extending the discretionary benefit of regular bail under Section 483 BNSS.
Source reference: para. 5–6The risk of non-appearance or delay was addressed through stringent bail conditions.
Source reference: para. 7Holding
The High Court allowed the bail application and directed that Durgesh Sahis be released on regular bail upon furnishing a bond of ₹25,000 with one surety for the like amount to the satisfaction of the trial court.
The applicant was required, inter alia, not to seek unnecessary adjournments when witnesses were present, to remain present before the trial court, to comply with proceedings relating to proclamation in case of misuse of bail, and to appear personally at the opening of the case, framing of charge, and recording of his statement under Section 351 BNSS.
Source reference: para. 7A certified copy of the order was directed to be sent to the trial court for information and compliance.
Source reference: para. 8Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
DURGESH SAHISvsSTATE OF CHHATTISGARH
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