Facts
The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for the offense punishable under Section 34(1) of the C.G. Excise Act
Source reference: para. 1The applicant was arrested on 22.02.2026 in connection with Crime No. 292/2026 after Excise Department officials seized 15.5 bulk liters of handmade liquor and 75 kg of Mahua Lahan from his possession
Source reference: para. 2, 6The applicant argued that he was falsely implicated and noted that while he has two similar criminal antecedents, he is on bail in one and the other is pending consideration
Source reference: para. 3The State opposed the bail, citing the quantity of contraband and the applicant's criminal history
Source reference: para. 4Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering his period of incarceration and the nature of the recovery.
Source reference: para. 6Law Applied
The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: para. 1the prescribed punishment for such offenses ranges from a minimum of one year to a maximum of three years
Source reference: para. 3The court also referenced Sections 84, 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS to prescribe conditions for ensuring the applicant's presence during trial
Source reference: para. 8Reasoning
The Court weighed the gravity of the allegations against the fact that the investigation had concluded with the filing of a charge sheet
Source reference: para. 6While acknowledging the applicant's two criminal antecedents for similar offenses, the Court noted that his status in those cases had been explained via a covering memo (one being on bail, one pending)
Source reference: para. 6The Court observed that the applicant had been in custody since 22.02.2026 and that the trial was likely to take considerable time
Source reference: para. 6Consequently, the Court determined that further detention was not necessitated provided that strict conditions were imposed to ensure the applicant's cooperation with the judicial process and to prevent the abuse of liberty
Source reference: para. 8Holding
The Court answered the issue in the affirmative, holding that the period of incarceration and the stage of the trial justified bail despite the presence of criminal antecedents
The High Court allowed the bail application and ordered the release of the applicant on a personal bond with two sureties
Source reference: para. 7-8Original Court PDF
SAMMELALvsSTATE OF CHHATTISGARH
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