Extracted from the PDF above. The PDF is authoritative.
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CGHC010283802026
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6759 of 2026 Bhekhlal Dhiwar S/o Shiv Kumar Dhiwar Aged About 34 Years R/o Village Parsada, P.S. Mandir Hasod, District- Raipur, C.G.
... Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station- Mandir Hasod, District- Raipur, C.G.
... Respondent(s) For Applicant :Mr. Akash Sahu, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, P.L. HON'BLE
MR. RAMESH SINHA, CHIEF JUSTICE
ORDER ON BOARD 27.07.2026
1. This is the 1st 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. 255/2026 registered at Police Station – Mandir Hasod, District: Raipur (C.G.), for the offence under Section 34 (2) of Excise Act.
2.
Brief facts of the case are that, as per the prosecution story, SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.28 14:35:26 +0530
2 on 02.06.2026, on the basis of secret information, the police authorities have conducted raid and found that the applicant is in possession of 6.3 bulk litres of country made liquor, which was thereafter seized. Based on the aforesaid, the police registered the offences as mentioned above against the present Applicant. Hence, this application.
3.
Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and he is in incarceration since 02.06.2026. It is argued that no liquor has been seized from the exclusive possession of the Applicant. He further submits that charge-sheet has been filed, trial is likely to take some considerable time, therefore, it is prayed that he may be enlarged on regular bail.
4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed before the competent Court and that the applicant has three criminal antecedents under the Excise Act.
5.
Learned counsel for the applicant submits that, with regard to the antecedents pointed out by the learned counsel for the State, the applicant has been acquitted in all three cases, as mentioned in Part D of the bail application.
6. I have heard learned counsel for the parties and perused the material available on record.
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7. On a pointed query being put to the learned counsel for the State as to whether the said fact was correct, he submitted that there was no mention of the applicant's acquittal in the copy of the bail application served upon the Office of the Advocate General. In response, learned counsel for the applicant submitted that the present bail application had initially been filed with certain defects, which were subsequently cured; however, the corrected copy was not supplied to the Office of the Advocate General. It was further submitted that the applicant had been acquitted in the previous cases. However, no document has been placed on record to substantiate the said claim of acquittal. Therefore, this Court is of the opinion that the present case is not a fit one for enlarging the applicant on regular bail.
8. Accordingly, the bail application of the applicant – Bhekhlal Dhiwar involved in Crime No. 255/2026 registered at Police Station – Mandir Hasod, District: Raipur (C.G.), for the offence under Section 34 (2) of Excise Act rejected.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Saurabh