Anup Bishra, arrested for possession of illicit liquor, secures bail with strict conditions ahead of crucial examinations.
In a significant decision, the Chhattisgarh High Court has granted bail to 19-year-old Anup Bishra, a Class 12 student, arrested for allegedly possessing 40.00 bulk liters of country-made mahua liquor. The bail was granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering his young age, academic commitments, and absence of prior criminal records.
Presiding over the case, Chief Justice Ramesh Sinha, emphasized the applicant's status as a student with impending board examinations scheduled from March 16, 2026, to April 8, 2026. The court acknowledged the potential disruption prolonged incarceration could cause to his education, noting that the charge sheet was yet to be filed, and the trial's conclusion could be delayed.
The defense, led by Advocate Mr. Sumit Shrivastava, argued that Bishra was falsely implicated, pointing out the absence of concrete evidence linking him to the seized liquor. It was contended that the liquor was found in an open area near his residence, shared by multiple family members and frequented by several individuals, casting doubt on the claim of conscious possession.
The prosecution, represented by Ms. Palak Dwivedi, opposed the bail application, highlighting the significant quantity of liquor seized from Bishra's possession. However, the court, while granting bail, imposed stringent conditions to ensure compliance with judicial proceedings.
Bishra must submit a personal bond with two sureties and adhere to several conditions, including remaining present at all court dates, either personally or through counsel. The court warned that any misuse of bail liberty or unjustified absence might result in legal actions under relevant sections of the Bharatiya Nyaya Sanhita, 2023.
This judgment underscores the judiciary's balanced approach in safeguarding the future of young individuals, while simultaneously upholding the legal process. The case highlights the judiciary's discretion in granting bail, especially when academic futures are at stake.
Bottom Line:
Regular bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 considering the applicant's young age, status as a student, and absence of previous criminal antecedents.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483; Bharatiya Nyaya Sanhita, 2023 Sections 269, 84, 209; C.G. Excise Act Section 34(2).
Anup Bishra v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2867217
