Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:3607
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 758 of 2026 Trilok Gautam S/o Videshi Ram Aged About 56 Years R/o Maligori, P.S. Balod Distt.- Balod, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through, Police Station-Balod, District- Balod, (C.G.)
... Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 21.01.2026
1. This is the 6rst bail application 6led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 415/2025 registered at Police Station Balod, District Balod (C.G.), for the o:ence punishable under Section 34(2) of the Chattigarh Excise Act.
2. As per the prosecution story, on the basis of information received from an informer, the police of Balod Police Station conducted a search on 02.10.2025 at the house of the applicant and the co-accused, situated at Village Malighori, within the jurisdiction of Balod Police Station. During the search, the police allegedly recovered 498 quarters of country-made ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.22 11:12:33 +0530
2 plain liquor, each measuring 180 ml (pauwa), amounting to a total of 89.960 bulk litres, which was allegedly kept for the purpose of illegal sale. As no valid licence or document in respect of the seized liquor was produced, the same was seized by the police. Thereafter, the applicant and the co-accused were arrested.
3.
Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 03.10.2025. He further submits that although the present applicant has 6ve criminal antecedents under the Excise Act, he has already been acquitted in all such cases. He further submits that the other co-accused, namely, Khilesh Gautam has already been granted regular bail by this Court in MCRC No. 9301 of 2025 vide order dated 17.12.2025, therefore, the present applicant is also entitled to be grant of regular bail on the ground of parity. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been 6led in the present case before the competent Court. 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, nature and gravity of allegation levelled against the present applicant and the fact that the charge-sheet has already been 6led before the competent Court and he has been in jail since 03.10.2025. Also considering the fact that the co - accused, namely, Khilesh Gautam has already been granted regular bail by this Court in MCRC No. 9301 of 2025 vide order dated
3 17.12.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant – Trilok Gautam, involved in Crime No. 415/2025 registered at Police Station Balod, District Balod (C.G.), for the o:ence punishable under Section 34(2) of the Chattigarh Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 6le an undertaking to the e:ect that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of his absence, without suDcient cause, the trial court may proceed against him 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 date 6xed 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 6xed for (i) opening of the case,
4 (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 suDcient 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. ODce is directed to send a certi6ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Abhishek