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2026 DAILYLAW 2749 (CHH)

AJAY SINGH NAVRATNA v. STATE OF CHHATTISGARH

MCRC/250/2026 · 2026-02-09

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Judgment text

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1 2026:CGHC:7426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 250 of 2026 1 - Ajay Singh Navratna S/o Madan Lal Navratna Aged About 29 Years R/o Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh 2 - Hem Kumar Navratna S/o Madan Lal Navratna Aged About 39 Years R/o Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh ...Applicants versus State Of Chhattisgarh Through P.S. - Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Non-applicant For Applicants : Mr. Anchal Kumar Matre, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 318/2025 registered at Police Station - Bilaigarh District Sarangarh- Bilaigarh (C.G.), for the offence punishable under Section 34(2) of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.11 10:40:21 +0530 2 C.G. Excise Act. 2. As per the prosecution story, the applicants have been implicated in Crime No. 318/2025 registered at Police Station Bilaigarh, District Sarangarh–Bilaigarh, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. It is alleged that the applicants were found in possession of a total of 145 liters of Mahua liquor, and Applicant No. 2 is further alleged to have provided materials for the manufacture of illicit liquor, assisted in its preparation, and received money from its sale. On the basis of the said allegations, the police registered the FIR and initiated investigation in the matter. A copy of FIR No. 318/2025 registered at P.S. Bilaigarh, District Sarangarh–Bilaigarh (C.G.) is annexed herewith as Annexure A. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case. He further submits that The applicants submit that they have been falsely implicated in the present case, as the alleged liquor was recovered from an open yard outside the house of Applicant No. 1, which is accessible to the general public and cannot be said to be in their exclusive possession. It is further submitted that the investigation has been completed and the charge- sheet has already been filed, therefore there is no justification for keeping the applicants in custody for an indefinite period, especially when there is a strong case in their favour and a high likelihood of acquittal. The present counsel has been duly authorized by the deponent, who is the brother of the applicants, and a copy of the authorization letter is annexed as Annexure A-3. The applicants are law-abiding persons, have no tendency to threaten or influence 3 witnesses, and there is no possibility of tampering with the prosecution evidence if they are released on bail. They are permanent residents of the address mentioned in the cause title, have deep roots in society, and there is no likelihood of their absconding. The applicants are also ready to furnish adequate security and undertake to abide by all the terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants and submits that applicant No. 2 has two criminal antecedents, therefore, they are not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicants, and also the fact that the charge-sheet has already been filed and the applicants have been in jail since 10.12.2025, and further that the conclusion of the trial is likely to take some time, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Ajay Singh Navratna & Hem Kumar Navratna involved in rime No. 318/2025 registered at Police Station - Bilaigarh District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 vaibhav