SUNIL NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(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. 126/2025 registered at Police Station P.S. Excise Circle Tilda, Raipur (C.G.) for the offence punishable under Ss. 34(1), 34(2) and 59(A) of C.G. Excise Act.

(2.) Case of the prosecution, in brief, is that on 2/10/2025, as per secret information received from the informant, the Police of Police Station P.S. Excise Circle Tilda, Raipur seized 8.820 bulk liters of handmade liquor from the possession of the applicant, which led to the registration of the alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 8.820 bulk liters of handmade 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 five criminal antecedents, out of which only one case is under the Excise Act, in which the applicant has already been acquitted and rest of the cases are under the IPC, further the applicant is in jail since 2/10/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.