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2026 DAILYLAW 26506 (CHH)

PRAKASH SINGH RAJPUT v. STATE OF CHHATTISGARH

MCRC/6131/2026 · 2026-07-09

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Judgment text

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1 CGHC010245182026 2026:CGHC:28898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6131 of 2026 Prakash Singh Rajput S/o Gopal Rajput, Aged About 40 Years R/o Village - Baihatola, Police Station And Tahsil - Khairagarh, District - Khairagarh - Chhuikhadan- Gandai (C.G.) ...Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Khairagarh, District - Khairagarh-Chhuikhadan- Gandai (C.G.) ... Non-applicant For Applicant : Mr. Ankush Borkar, Advocate. For Non-applicant/State : Ms.Nupur Trivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the First bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 191/2026 registered at Police Station – Khairagarh Digitally signed by JYOTI JHA Date: 2026.07.13 17:42:21 +0530 2 Chhuikhadan Gandai (C.G.), for the offence punishable under Sections 34(2) of C.G. of Excise Act. 2. The case of the prosecution, in brief, is that on 09.05.2026, while the patrolling team of Police Station Khairagarh was on patrol duty, it received secret information that the present applicant was selling illicit liquor from his grocery shop. Acting upon the said information, Assistant Sub-Inspector Komal Minj conducted a raid at the shop of the applicant, during which 137 quarters of Shole Plain country-made liquor, each containing 180 ml, measuring a total of 24.660 bulk litres and valued at Rs.10,960/-, were allegedly recovered from his grocery shop. The applicant failed to produce any valid licence or document authorising possession of the said liquor. Consequently, FIR bearing Crime No.191/2026 was registered against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, and investigation was commenced. The charge-sheet has not yet been filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 09.05.2026. It is further argued by him that the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned State Counsel opposes the bail application and submits that a commercial quantity of illicit country-made liquor was recovered from the possession of the applicant. It was further submitted that the applicant has two previous criminal antecedents of a similar nature, therefore he prayed that the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that applicant is having two previous criminal antecedents under the Excise Act, which two are still pending which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 24.660 bulk liters, has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail., 7. Accordingly the bail application of applicant – Prakash Singh involved in Crime No. 191/2026 registered at Police Station – Khairagarh Chhuikhadan Gandai (C.G.), for the offence 4 punishable under Sections 34(2) of C.G. of Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Jyoti