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. 2Police allegedly recovered approximately 51 liters of raw mahua liquor, valued at Rs. 10,200/-, stored in various containers in his backyard
Source reference: para. 2The applicant was charged under Sections 34(2) and 59(a) of the Excise Act for illegal storage and sale
Source reference: para. 1-2The 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. 3Issues
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. 6Law Applied
The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail
Source reference: para. 1Sections 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. 3The 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. 7Reasoning
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. 6While 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. 6The 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. 4Finding 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. 6-7Holding
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. 7The ad-interim bail application was consequently disposed of
Source reference: para. 8Original Court PDF
JAGDISH SARTHIvsSTATE OF CHHATTISGARH
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