(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No.292/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sec. 34(2) of C.G. Excise Act.
(2.) Case of the prosecution, in brief, is that the police has received a secret information from the informant on 29/7/2025 during town patrolling that in village Devari at near Raja Bricks Devari a person is having possession of country made liquor for selling purpose, acting on the said information, the police conducted a raid and found one person there upon asking who tells his name Chandram Gond and from his possession 10 liters country made liquor was recovered which was seized and an offence has been registered against him and he has been arrested by the police of PS Shivrinarayan.
(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 10 liters country made liquor, was not seized from the exclusive possession of the applicant. He further submits that under Sec. 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has two criminal antecedents under the Excise Act, out of which one case is disposed of and other case is pending in which the applicant is on bail, charge sheet has been filed, the applicant is in jail since 29/07/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.