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2026 DAILYLAW 20034 (CHH)

JAMDHAR BAGHEL v. STATE OF CHHATTISGARH

MCRC/4479/2026 · 2026-05-13

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:22805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4479 of 2026 1 - Jamdhar Baghel S/o Sukhdas Baghel Aged About 22 Years R/o. Village Karekot, Binta, P.S. Lohandiguda, District- Bastar (C.G.) 2 - Dusenram Kashyap S/o Anantram Kashyap Aged About 26 Years R/o. Village Khudur, Post Matnaar, P.S. Pungarpal District- Kondagaon (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through- Excise Circle Jagdalpur District- Bastar (C.G.) ... Respondent For Applicants : Mr. P.K. Tulsyan, Advocate. For Respondent/State : Ms. Deepeshwari Mahilwar, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14 / 05 / 2026 Heard. Admit. 1. The accused/applicants have moved this first bail application under Section 483 of B.N.S.S. for releasing them on regular bail during trial in connection with Crime No. 17/2025 registered at Police Station – Excise Circle Jagdalpur, District – Bastar (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.05.14 16:38:30 +0530 2 2. As per the prosecution's case, on 02.06.2026, secret information was received by the police. Based on such information, police reached the spot, searched and seized 9 bulk litres of foreign- made liquor from one juvenile co-accused, who stated that some liquor of the present applicants had been kept below the Bridge near the spot, which was found to be 216 bulk litres. Based on this, offence has been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He also submits that the applicants moved a petition before the Hon’ble Supreme Court bearing Special Leave to Appeal (Crl.) No. 5443/2026, which has been dismissed as withdrawn on 01.04.2026, in which their Lordships have directed to surrender before the concerned trial Court within two weeks from that date and apply for regular bail before the trial Court. Further, the trial Court was directed to decide the same on its own merits. He further submits that pursuant to the direction of the Hon’ble Supreme Court, the applicants had been surrendered before the trial Court on 13.04.2026, and thereafter they had filed a regular bail before the trial Court, which was dismissed, and after that they filed a regular bail before the Sessions Judge, which was also dismissed. He next submits that the alleged liquor is not seized from the exclusive possession of the applicants and has been seized from an open place, and they were made accused on the basis of a memorandum of a juvenile co-accused. The applicants are in jail since 13.04.2026, and there is no likelihood of their case being decided in the near 3 future; therefore, the present applicants may be released on bail. 4. On the other hand, counsel for the State opposes the bail application and submits that 216 bulk liters of liquor have been seized; therefore, they may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and looking to material available on record against the present applicants and also looking to the fact that the applicants are in custody since 13.04.2026, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicants on bail. 7. Accordingly, the application is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the trial Court. The applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) H.L. Sahu Judge