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2026 DAILYLAW 27400 (CHH)

MAHENDRA CHAKRESH v. STATE OF CHHATTISGARH

MCRC/4102/2026 · 2026-07-14

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Judgment text

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1 CGHC010165012026 2026:CGHC:29987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4102 of 2026 Mahendra Chakresh S/o Manbahal Chakresh Aged About 33 Years R/o Lamdand Kansabel, P.S. Kansabel, Distt. Jashpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Excise Circle Kansabel, Distt. Jashpur, Chhattisgarh. … Non-Applicant For Applicant : Ms. Ananya Tiwari, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15 .07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 151/2026, registered at Police Station : Excise Circle Kansabel, Distt. – Jashpur (C.G.) for the offence punishable under Sections 34(1) and 34(2) C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 25.03.2026, the police authorities received secret information that the applicant was preparing and manufacturing illicit liquor. Acting upon the said information, they conducted a raid, during which 7.5 litres of mahua liquor and 50 kilograms of lahan were allegedly seized from the possession of the applicant. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 11:37:56 +0530 2 Thereafter, an offence was registered against the applicant, and he was arrested. It is further submitted that the FIR is not available online on the official website. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case. It is further submitted that the liquor was seized from the exclusive possession of the applicant. She further submits that applicant has no criminal antecedents, the charge-sheet has been filed and he is in jail since 25.03.2026. Therefore, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. It is further submitted that charge-sheet has been filed and there is no criminal antecedents against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of the offence levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and applicant has no criminal antecedents and he is in jail since 25.03.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 8. Let applicant, Mahendra Chakresh, involved in Crime No. 151/2026, registered at Police Station : Excise Circle Kansabel, Distt. – Jashpur (C.G.) for the offence punishable under Sections 34(1) and 34(2) C.G. Excise Act, be released on bail on furnishing personal bond with two 3 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure them 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 them in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti