Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 140/2026, registered for an alleged offence under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1–2The prosecution alleged that a search of his house led to the seizure of 12 bulk litres of handmade mahua liquor and 345 kg of mahua lahan.
Source reference: para. 1–2The applicant submitted that he had no criminal antecedents, had been in custody since 25 August 2026, and that the charge-sheet had been filed; the State opposed bail relying on the quantity seized.
Source reference: para. 3–4Issues
1. Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the allegations and circumstances of the case
Source reference: para. 1, 62. Whether the applicant’s lack of criminal antecedents, period in custody, filing of the charge-sheet, and the likely time required to conclude trial supported his release on bail
Source reference: para. 3, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.
Source reference: para. 1The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1The Court considered the nature and gravity of the allegations alongside the applicant’s antecedents, custody, filing of the charge-sheet, and expected duration of the trial when deciding whether to grant bail.
Source reference: para. 6Reasoning
The Court considered the seizure of liquor and mahua lahan from the applicant’s house and the seriousness of the allegation, but weighed those circumstances against the absence of prior criminal antecedents, the applicant’s custody since 25 August 2026, the filing of the charge-sheet, and the likelihood that trial would take time to conclude.
Source reference: para. 6On balance, it found those circumstances sufficient to grant regular bail.
Source reference: para. 6Holding
The Court allowed the bail application and directed the applicant’s release on a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.
Bail was subject to conditions prohibiting interference with witnesses or the fair trial, and requiring the applicant to attend each hearing until disposal of the trial.
Source reference: para. 7The Court clarified that its observations were limited to the bail application and would not affect the trial Court’s determination on the merits.
Source reference: para. 8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
LOCHAN PATELvsSTATE OF CHHATTISGARH
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