Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after his arrest in Crime No. 06/2026, registered for an alleged offence under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para. 1The prosecution alleged that he supplied 213 litres of liquor, valued at Rs. 1,08,462, to co-accused Tukeshwar Jain for sale; the liquor was allegedly recovered from Jain’s possession, not the applicant’s.
Source reference: para. 2The applicant had been in custody since 28 July 2026 and submitted that the case against him rested on his memorandum statement; the State opposed bail, relying on the quantity involved and two alleged Excise Act antecedents.
Source reference: paras. 3–4This was the applicant’s first bail application.
Source reference: para. 1Issues
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: paras. 1, 5–6Whether the alleged quantity of liquor, the applicant’s criminal antecedents, custody, and likely delay in trial justified release on bail.
Source reference: paras. 3–6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
Source reference: para. 1The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act.
Source reference: para. 1The Court assessed the bail request by considering the nature and gravity of the allegations, the quantity involved, the circumstances of recovery, the applicant’s custody and criminal antecedents, and the likely time required to conclude the trial.
Source reference: para. 6Reasoning
The Court weighed the allegation that the applicant supplied a substantial quantity of liquor against the fact that it was recovered from the co-accused, rather than from the applicant’s physical possession.
Source reference: paras. 2, 6It also considered the applicant’s custody since 28 July 2026, his criminal antecedents, and the likelihood that the trial would take time.
Source reference: para. 6On balance, and without expressing any view on the merits, the Court found the circumstances sufficient to grant bail.
Source reference: para. 6Holding
The High Court allowed the bail application and directed that the applicant be released upon executing a personal bond of Rs. 50,000 with one surety for the like sum, to the satisfaction of the trial Court.
Bail was subject to conditions prohibiting interference with witnesses or the fair and expeditious trial, and requiring the applicant to attend every hearing until the trial concludes.
Source reference: para. 7Acts & 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
NAVESH KUMAR TIWARI @ MANT TIWARI (MANTA)vsSTATE OF CHHATTISGARH
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