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2026 DAILYLAW 30628 (CHH)

HUMAN KUMAR JANGDE v. STATE OF CHHATTISGARH

MCRC/7118/2026 · 2026-08-04

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Judgment text

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1 CGHC010288812026 2026:CGHC:34195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7118 of 2026 Human Kumar Jangde S/o Shyam Lal Jangde Aged About 53 Years R/o Village- Kokdi, Durg District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House O+cer Police Station, Nandini, District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 180/2026, registered at Police Station - Nandini, District- Durg, (C.G.) for the o;ence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station- Nandini, District- Durg, (C.G.), received an information from the informant and on the basis of the said information conducted a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 raid and seized total 8.100 bulk liters of country made liquor from the possession of the present applicant. Thereafter, Police has registered an o;ence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the police has not seized any article from the possession of the applicant because police has seize illicit liquor at open place. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He submits that the present applicant has only one criminal antecedent under the Excise Act which is pending. He also submits that the charge-sheet has been Aled before the competent Court, and the applicant is in jail since 09.06.2026 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been Aled before the competent Court. He also submits that from the possession of the present applicant total 8.100 bulk liters of country made liquor was seized. He further submits that the applicant has one criminal antecedent under the Excise Act which is pending. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has only one criminal antecedent under the Excise Act which is pending, and further the charge-sheet has been Aled before the competent Court and he is in jail since 09.06.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Human Kumar Jangde, involved in Crime No. 180/2026, registered at Police Station - Nandini, District- Durg, (C.G.) for the o;ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall Ale an undertaking to the e;ect that he shall not seek any adjournment on the dates Axed 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 Axed, either personally or through his counsel. In case of his absence, without su+cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 Axed 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 Axed 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 su+cient 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. O+ce is directed to provide a certiAed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan