Regular bail may be granted when the charge-sheet has been filed and previous criminal antecedents are limited or resulted in acquittal, provided conditions are imposed to ensure the integrity of the trial.

Order on Board

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 369/2026 registered at Police Station Basna, District Mahasamund (C.G.), for the offence punishable under Section 34(2) of Excise Act.

2. The case of the prosecution, in brief, is that the police of Police Station Basna, Mahasamund received an information from the informant and on the basis of the said information conducted a raid and seized 30 bulk liters of country made mahua liquor from the possession of the present applicant. Thereafter, Police has registered an aforesaid offence against the present applicant.

3. Learned counsel for the applicant submits that the present applicant has falsely been implicated in this case and the said 30 liters of country made mahua liquor were not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has two criminal antecedents. Out of the said two cases, one case is registered under the Excise Act and the applicant has already been acquitted in that case, whereas the other case is still pending. He also submits that the present applicant is in jail since 10.07.2026, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He also submits that the applicant has 02 criminal antecedents, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case.

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

6. Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant has only 01 criminal antecedent under the Excise Act in which he has already been acquitted, whereas another case is pending, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 10.07.2026, conclusion of the trial may take some more time, I am inclined to allow this bail application.

7. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, &

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.