Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Regular bail granted despite a similar pending antecedent, given the filed charge-sheet and likely trial delay.

SUDESH VASTRAKAR vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 14, 20262 MIN READSOURCE JUDGMENT
Regular bail granted despite a similar pending antecedent, given the filed charge-sheet and likely trial delay.. SUDESH VASTRAKAR vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after being arrested in Crime No. 62/2026 for alleged offences under Sections 34(1)(a)(f), 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915

Source reference: para. 1

The prosecution alleged that 20 bulk litres of country-made liquor and 480 kg of mahua lahan were seized from his house following an informer’s tip

Source reference: para. 2

The applicant had one live criminal antecedent of a similar nature, for which he was on bail; he had been in custody since 4 August 2026, and the charge-sheet had been filed.

Source reference: paras. 3–4
02

Issues

Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the alleged seizure and his similar live criminal antecedent

Source reference: paras. 1, 3–6

Whether the filing of the charge-sheet, the period already spent in custody, and the anticipated time for trial’s conclusion supported release on bail

Source reference: para. 6
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was invoked as the provision for the application for regular bail

Source reference: para. 1

The alleged offences were under Sections 34(1)(a)(f), 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915

Source reference: para. 1

The Court assessed the application by considering the circumstances of the case, the nature and gravity of the allegations, the applicant’s antecedent, the filing of the charge-sheet, and the likely duration of the trial

Source reference: para. 6
04

Reasoning

The Court considered the alleged recovery of liquor from the applicant’s house and his similar live antecedent, but also noted that he had been granted bail in the antecedent case

Source reference: para. 6

It weighed these circumstances against the applicant’s custody since 4 August 2026, the filing of the charge-sheet, and the likelihood that trial would take time.

Source reference: para. 6

On that basis, and without expressing an opinion on the merits, the Court found regular bail appropriate

Source reference: para. 6
05

Holding

The Court allowed the bail application

It directed the applicant’s release upon furnishing a personal bond of ₹50,000 with one surety for the like sum, subject to the trial court’s satisfaction and conditions prohibiting interference with witnesses or the fair and expeditious trial, and requiring attendance on every date fixed by the trial court

Source reference: para. 7

The observations were confined to the bail application, leaving the trial court to decide the case on its merits.

Source reference: para. 8
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Chhattisgarh High Court

Original Court PDF

SUDESH VASTRAKARvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 14, 2026

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