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2026 DAILYLAW 28625 (CHH)

GOLU BHANCHA @ KUMAR GAURAV NETAM v. STATE OF CHHATTISGARH

MCRC/6620/2026 · 2026-07-22

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Judgment text

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1 CGHC010273122026 2026:CGHC:31475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6620 of 2026 Golu Bhancha @ Kumar Gaurav Netam S/o Shri Mangal Singh Netam, Aged About 39 Years R/o. Village - Runvabandha, Bajrang Chowk Bhilai, Tahsil and District - Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer of The Police Station Bakarkatta, District - Khairagarh - Chhuikhadan - Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Khilendra Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 07/2024 registered at Police Station – Bakarkatta, District - Khairagarh - Chhuikhadan - Gandai (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, 2015. 2. According to the prosecution case, in brief, on 29.10.2024, the police of Police Station Bakarkatta, District Khairagarh-Chhuikhadan-Gandai (C.G.), received secret information that certain persons were transporting illicit liquor. Acting upon the said information, the police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 17:48:47 +0530 2 conducted a raid and apprehended the co-accused persons. During the search, the police allegedly recovered and seized 60.53 litres of illicit liquor from their possession. Thereafter, the co-accused persons were arrested, and their memorandum statements were recorded. On the basis of the memorandum statements of the co-accused persons, the present applicant was subsequently implicated and arrested in connection with the alleged commission of the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the co-accused has been granted anticipatory bail by the Hon'ble Supreme Court vide order dated 09.04.2025 passed in SLP (Crl.) No. 3329/2025, a copy of which has been taken on record. It is further submitted that the charge-sheet has already been filed, the applicant has no previous criminal antecedents, and he has been in judicial custody since 24.06.2026. It is also contended that the conclusion of the trial is likely to take a considerable period of time. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the present case pertains to the year 2024. It is contended that the applicant had been absconding and was arrested by the police on 24.06.2026. It is further submitted that, as the applicant had remained absconding, there is a strong likelihood that he may abscond again if released on bail, which would hamper the fair conduct of the trial. Accordingly, it is prayed that the present bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case and also the fact that the present case pertains to the year 2024, the applicant had been absconding and was arrested by the police on 24.06.2026, as the applicant had remained absconding, there is a strong likelihood that he may abscond again if released on bail, which would hamper the fair conduct of the trial, the case of the co-accused is distinguishable from that of the present applicant, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Golu Bhancha @ Kumar Gaurav Netam involved in Crime No. 07/2024 registered at Police Station – Bakarkatta, District - Khairagarh - Chhuikhadan - Gandai (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, 2015, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Preeti