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2026 DAILYLAW 28033 (CHH)

RAVI URAON v. STATE OF CHHATTISGARH

MCRC/5435/2026 · 2026-07-20

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Judgment text

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1 CGHC010219342026 2026:CGHC:30981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5435 of 2026 Ravi Uraon Son Of Parkhit Uraon Aged About 32 Years Resident Of Village Delari, P.S. Punjipathra, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Punjipathra District Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Ravi Kumar Banjare, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 21.07.2026 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 applicant who has been arrested in connection with Crime No. 102/2026 registered at Police Station - Punjipathra District - Raigarh (C.G.), for the offences punishable under Sections 34(2) & 59(a) of the C.G. Excise Act. 2. The prosecution story in brief is that on the date of incident, police has received information by informant during patrolling that unknown VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.22 11:06:20 +0530 2 persons have kept illegal liquor in his motorcycle to sell and police has seized 30 liter country made kachchi mahua liquor from place of incident at open place and police has registered case for offence punishable under section 34 (2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that no illicit liquor was recovered from the conscious or exclusive possession of the applicant, as the alleged seizure was made from an open place accessible to the general public. The investigating agency failed to conduct a fair and proper inquiry before implicating the applicant, and there is no material to show that the applicant had any knowledge of or connection with the alleged seized liquor. It is further submitted that no prima facie case is made out against the applicant, and the allegations levelled against him are false, baseless, and unsupported by reliable evidence. The applicant has been in judicial custody since 09.05.2026, therefore, the applicant deserves to be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has one criminal antecedent, therefore, he is not entitled to be released 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, the nature and gravity of the allegations levelled against the applicant, and further 3 taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 09.05.2026, coupled with the fact that conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant has made out a case for grant of bail in the present matter. 7. Let the Applicant – Ravi Uraon, involved in Crime No. 102/2026 registered at Police Station - Punjipathra District Raigarh (C.G.), for the offences punishable under Sections 34(2) & 59(a) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local 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 his under Section 269 of Bharatiya Nyaya Sanhita. (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 4 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 Vaibhav