Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.445/2025, registered at Police Station: Vidhansabha Raipur, District-Raipur, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh, Excise Act.

2. The case of the prosecution, in brief, is that on the date of the incident, acting upon secret information received from an informant, the police conducted a search at an open place where an unknown person was allegedly storing illicit liquor for sale. During the search, 36 bulk litres of country-made liquor were seized from the spot. As no valid license or document for possession of the said liquor was produced, an offence under Section 34(2) of the Excise Act was registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as no incriminating article has been seized from his exclusive possession and the alleged recovery was effected from an open and accessible place. It is contended that the applicant had no knowledge of the seized liquor and the investigation has not been conducted fairly. It is further submitted that some of the prosecution witnesses examined before the trial Court have not supported the case of the prosecution. The applicant is in judicial custody since 06.09.2025 and the trial is likely to take considerable time, thereby causing undue hardship to his family, as he is the sole bread earner. The applicant is a permanent resident with no likelihood of absconding and undertakes to abide by all conditions imposed by this Court, hence, he is entitled to be released on bail.

4. Per contra, learned counsel for the State opposes the bail application and submits that the applicant is involved in a serious offence under Section 34(2) of the Excise Act, wherein 36 bulk litres of country-made liquor have been seized. It is contended that the recovery, though from an open place, prima facie establishes his involvement and the plea of innocence is a matter for trial. It is further submitted that the applicant does not deserve to be enlarged on bail.

5. I have heard learned counsel for the parties and perused the material available on record.

6. Considering the facts and circumstances of the case, particularly that the alleged recovery of 36 bulk litres of country-made liquor was made from an open and accessible place and not from the exclusive possession of the applicant, and further taking into account that some of the prosecution witnesses examined before the trial Court have not supported the case of the prosecution, this Court is of the considered opinion that the role attributed to the applicant requires deeper scrutiny during trial. Taking into consideration that the applicant is in judicial custody since 06.09.2025, the trial is likely to take considerable time for its conclusion, and there is no material to indicate any likelihood of the applicant absconding or tampering with prosecution evidence, further custodial detention of the applicant is not warranted, this Court deems it appropriate to allow the bail application.

7. Accordingly, the application is allowed. Let applicant, Ravi Soni @ Monu involved in Crime No.445/2025, registered at Police Station: Vidhansabha Raipur, District-Raipur, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh, Excise Act be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court