Chhattisgarh High Court

Regular bail granted for 60-liter liquor seizure as applicants have no prior criminal antecedents.

MAHESH DHURVE vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: June 29, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants, Mahesh Dhurve and Udayram, were arrested on 05.05.2026 in connection with Crime No. 14/2026

Source reference: para 3

The 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 2

Consequently, the applicants were charged under Section 34(2) of the C.G. Excise Act

Source reference: para 1

The 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 3
02

Issues

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, 6
03

Law Applied

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

Source reference: para 1

Section 34(2) of the Chhattisgarh Excise Act, which pertains to the illegal possession of liquor

Source reference: para 1

BNSS 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 7
04

Reasoning

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 4

The Court observed that the applicants had no previous criminal antecedents.

Source reference: para 6

Furthermore, significantly, the investigation was largely complete as the charge-sheet had already been filed before the competent court.

Source reference: para 6

Given 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 6-7
05

Holding

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 7
Chhattisgarh High Court

Original Court PDF

MAHESH DHURVEvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · June 29, 2026

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