Chhattisgarh High Court

Regular bail granted in Excise Act case considering custody period, chargesheet filing, and son's upcoming marriage.

JAGDISH SARTHI vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant was arrested on March 23, 2026, following a police raid on his residence in Village Barliya by the Chakradhar Nagar Police

Source reference: para. 2

Police allegedly recovered approximately 51 liters of raw mahua liquor, valued at Rs. 10,200/-, stored in various containers in his backyard

Source reference: para. 2

The applicant was charged under Sections 34(2) and 59(a) of the Excise Act for illegal storage and sale

Source reference: para. 1-2

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking regular bail on the grounds of false implication, the filing of the charge sheet, and the upcoming marriage of his son scheduled for April 29, 2026

Source reference: para. 3
02

Issues

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the period of incarceration, the filing of the charge sheet, and the specific family circumstances

Source reference: para. 6
03

Law Applied

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail

Source reference: para. 1

Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, noting that the punishment for the alleged offence ranges from a minimum of one year to a maximum of three years

Source reference: para. 3

The court referenced procedural requirements under Sections 84, 209, 269, and 351 of the BNSS and the Bharatiya Nyaya Sanhita (BNS) to ensure the applicant’s presence during trial

Source reference: para. 7
04

Reasoning

The Court analyzed the facts and circumstances by weighing the gravity of the allegations against the applicant's duration of custody since March 23, 2026

Source reference: para. 6

While the State opposed the bail citing the quantity of liquor recovered, the Court took judicial note of the fact that the charge sheet had already been filed, meaning the investigation was complete

Source reference: para. 6

The Court placed significant weight on the humanitarian ground that the applicant's son's marriage was imminent, a fact verified by the State counsel

Source reference: para. 4

Finding that the trial was likely to take a considerable amount of time, the Court reasoned that further detention was not warranted, provided the applicant adhered to strict conditions to prevent the abuse of liberty

Source reference: para. 6-7
05

Holding

The Court allowed the bail application and directed the release of Jagdish Sarthi upon furnishing a personal bond with two sureties

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must be present for all key trial stages (framing of charges, recording of statements), and must comply with court appearances to avoid proceedings under Section 269 of the BNS or Section 84 of the BNSS

Source reference: para. 7

The ad-interim bail application was consequently disposed of

Source reference: para. 8
Chhattisgarh High Court

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JAGDISH SARTHIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 23, 2026

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