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2026 DAILYLAW 26020 (CHH)

RAVI NAYAK v. STATE OF CHHATTISGARH

MCRC/5158/2026 · 2026-07-09

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Judgment text

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1 CGHC010220582026 2026:CGHC:29160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.5158 of 2026 Ravi Nayak S/o Tetku Nayak Aged About 20 Years R/o Bastipara Bagbaharakala, Police Station And Tehsil- Bagbahara, Distt.- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O., Police Station - Khallari, District- Mahasamund (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Ms. Manisha Yadav, Advocate. For Non-applicant/State :Mr. Malay Jain, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.56/2026 registered at Police Station – Khallari, District Mahasamund (C.G.) for the offence SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.13 11:39:58 +0530 2 under Section 34(2) of CG Excise Act. 2. As per the prosecution case, on 20.05.2026, on the basis of secret information received from an informant regarding transportation of illicit country-made liquor from Aanvaradabri to Bagbahara, the police party reached the spot and set up a blockade. During checking, a person was found coming from Village Aanvaradabri on a white-coloured scooter without a registration number, carrying a white plastic bag. On being searched, the said bag allegedly contained 17.280 bulk litres of country-made liquor. Based on the aforesaid allegations, the present offence has been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is in jail since 20.05.2026. It is further submitted that the prosecution has failed to establish conscious and exclusive possession of the alleged liquor by the Applicant and conclusion of trial is likely to take considerable time, therefore, he may be granted bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there no previous criminal antecedents against the present Applicant. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the quantity of liquor allegedly seized, he is in custody since 20.05.2026, there are no previous criminal antecedents against him and the trial is likely to take considerable time for its conclusion, without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to grant bail to the Applicant. Accordingly, the bail application is allowed. 7. Let Applicant- Ravi Nayak involved in Crime No.56/2026 registered at Police Station – Khallari, District Mahasamund (C.G.) for the offence under Section 34(2) of CG Excise Act be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with 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 applicant is 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 him 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 Priya