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2026 DAILYLAW 14879 (CHH)

B. BALA KRISHNA v. STATE OF CHHATTISGARH

MCRC/242/2026 · 2026-01-11

body2026

Judgment text

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1 2026:CGHC:1707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 242 of 2026 1. B. Bala Krishna S/o Shri B. Venktesh Aged About 24 Years R/o Street- 17, Sector-4, Police Station- Bhatti Bhilai, District : Durg, Chhattisgarh 2. E. Rahul S/o Shri E. Ramesh Aged About 27 Years R/o Sector-4, Street- 25, Police Station- Bhatti Bhilai, District : Durg, Chhattisgarh ... Applicants versus State of Chhattisgarh Through The Police of Police Station- Gaindatola, District : Rajnandgaon, Chhattisgarh ... Non-Applicant For Applicants : Mr. Khilednra Sahu, Advocate. For Respondent(s) : Mr. Dharmesh Shrivastava, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01 .202 6 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 51/2025, registered at Police Station – Gaindatola, District : Rajnandgaon, (C.G.) for the offence punishable under Sections 34(2) the Chhattisgarh Excise Act and Section 146/196 of Motor Vehicle Act. 2. As per the prosecution’s story, on 27.07.2025, during routine patrolling, information was received from an informer that a four-wheeler bearing registration No. CG-04-NU-8847 was being illegally transported from PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.13 13:00:11 +0530 2 Maharashtra towards village Gaindatola, Kuhikhurd. Acting on the said information, a raid was conducted, during which illegal liquor was recovered from the accused from the said vehicle. During the seizure, 35 boxes of foreign liquor of Goa brand were recovered, each box containing 12 sealed plastic bottles of 750 ml each, totaling 315.000 bulk litres. Additionally, 2 cartons of McDowell’s No. 1 liquor were seized, each carton containing 12 glass bottles of 750 ml each, totaling 18.00 bulk litres. Thus, a total of 333 bulk litres of liquor was seized along with one Saxpleso car bearing registration No. CG-04-NU-8847. After completion of the investigation, the charge-sheet has been filed. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that the applicants having no concern with the liquor, even there is no evidence in the record to establish the fact that the applicants were in possession of the said liquor or it is seized from the applicants. He further submitted that the applicants have no previous criminal antecedents, the charge-sheet has been filed in this case and the applicants are in jail since 27.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed and also endorse the fact that the applicants have no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that the applicants have no previous criminal antecedents, further 3 the charge-sheet has been filed in the present case and the applicants are in jail since 27.07.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - B. Bala Krishna and E. Rahul, involved in Crime No. 51/2025, registered at Police Station – Gaindatola, District : Rajnandgaon, (C.G.) for the offence punishable under Sections 34(2) the Chhattisgarh Excise Act and Section 146/196 of Motor Vehicle Act, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with 4 law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti