Shekhar Garhewal S/o- Late Ravindra Garhewal vs State Of Chhattisgar

Narendra Kumar Vyas, J

This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail to the applicant, who has been arrested on 3-3-2026 in connection with District Bilaspur (C.G.) for offence punishable under Sections 34(2) and 59(A) of the CG Excise Act.

Case of the prosecution, in brief, is that on 3-3-2026 the Police of Police Station Sarkanda, District Bilaspur (C.G.) received a secret information from the informant and on the basis of said information the Police conducted raid and seized 25.380 bulk litersof country made liquor from the possession of the present applicant. Thereafter, the offence has been registered against the present applicant.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and 25.380 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents, the applicant is in jail since 3-3-2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned counsel for the State/non-applicant would oppose the bail application and submit that the 25.380 bulk liters of country made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail.

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

Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that he is in jail since 3-3-2026 and he has no previous the view that the applicant is entitled to be released on bail in this case.

Let the applicant-Shekhar Garhewal involved in Crime No. 285 of 2026 registered at Police Station Sarkanda , District Bilaspur (C.G.), for the offence punishable under Section 34(2) &* 59(A) of the C.G. Excise Act, be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.

However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment.

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