Regular bail may be granted in excise cases where the charge-sheet is filed, the trial is expected to be prolonged, and any prior criminal antecedents resulted in acquittal.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 159/2026, registered at Police Station - Reserve Centre, Excise Circle Korba (Town) District- Korba, (C.G.) for the offence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the Chhattisgarh Excise Act.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. The case of the prosecution, in brief, is that the police of Police Station Reserve Centre, Excise Circle Korba (Town) District- Korba, (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized total 30 bulk liters of handmade mahua liquor and 120 kgs. of mahua lahan from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. Excise Act against the present applicant.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that the present applicant has one criminal antecedent under the Excise Act of the year 2019, in which he has already been acquitted. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, the charge-sheet has been filed before the competent Court, and the applicant is in jail since 08.01.2026 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant.

4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the possession of the present applicant total 30 bulk liters of handmade mahua liquor and 120 kgs. of mahua lahan were seized. She further submits that the applicant has one criminal antecedent in the similar nature, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused the case-diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has one criminal antecedent under the Excise Act of the year 2019, in which he has already been acquitted, further considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 08.01.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant.

7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Sundar De, involved in Crime No. 159/2026, registered at Police Station - Reserve Centre, Excise Circle Korba (Town) District- Korba, (C.G.) for the offence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the Chhattisgarh Excise Act, be released on bail on furnishing 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 to treat it as abuse of liberty o