Facts
The applicants, Mahesh Dhurve and Udayram, were arrested on 05.05.2026 in connection with Crime No. 14/2026
Source reference: para 3The prosecution alleged that following an informant's tip, police conducted a raid and seized 60 bulk liters of country-made liquor from the joint possession of the applicants
Source reference: para 2Consequently, the applicants were charged under Section 34(2) of the C.G. Excise Act
Source reference: para 1The applicants filed this First Bail Application seeking regular bail, contending they were falsely implicated, had no prior criminal record, and that the charge-sheet had already been filed
Source reference: para 3Issues
1. Whether the applicants are entitled to grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offense and the period of incarceration
Source reference: para 1, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail
Source reference: para 1Section 34(2) of the Chhattisgarh Excise Act, which pertains to the illegal possession of liquor
Source reference: para 1BNSS provisions, specifically Section 269 (non-appearance), Section 84 (proclamation for person absconding), Section 209 (failure to appear in answer to a proclamation), and Section 351 (recording of statement)
Source reference: para 7Reasoning
The Court balanced the gravity of the allegations—the seizure of 60 liters of liquor against the mitigating factors presented by the applicants.
Source reference: para 4The Court observed that the applicants had no previous criminal antecedents.
Source reference: para 6Furthermore, significantly, the investigation was largely complete as the charge-sheet had already been filed before the competent court.
Source reference: para 6Given that the applicants had been in custody since 05.05.2026 and the trial was expected to take considerable time to conclude, the Court found it fit to exercise its discretion in favor of liberty, provided that strict conditions were imposed to ensure the applicants' participation in the trial.
Source reference: para 6-7Holding
The holding was predicated on the absence of prior criminal records and the completion of the investigation.
The Court allowed the bail application and ordered the release of the applicants upon furnishing personal bonds with two sureties each subject to conditions: the applicants must not seek unnecessary adjournments, must appear on all trial dates or face proceedings under Section 269 BNSS, and are warned of consequences under Sections 84 and 209 BNSS for absconding or misusing bail.
Source reference: para 7Original Court PDF
MAHESH DHURVEvsSTATE OF CHHATTISGARH
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