Extracted from the PDF above. The PDF is authoritative.
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CGHC010271162026
2026:CGHC:36845
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6547 of 2026 Ratan Chandra S/o Shri Ramlal Chandra Aged About 42 Years R/o Ghoghranala Champa Police Station And Tehsil Champa District Janjgir Champa C.G. ... Applicant
versus State Of Chhattisgarh Through District Magistrate Janjgir Champa C.G. (Also Mentioned In Impugned Order As State Of Chhattisgarh Through P.S. Champa District Janjgir Champa C.G. ...Non-applicant
For Applicant : Mr. Khilendra Shau, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 18.08.2026
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. 309/2026 registered at Police Station – Champa District - Janjgir Champa (C.G.), for the offences punishable under Section 34(2) of the Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 11:44:37 +0530
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2. The prosecution case, in brief, is that on 13.6.2026 during the course of patrolling, acting on the secret information the police seized total 5.40 liters of country made liquor from the possession of the applicant. After investigation charge sheet has been filed.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged liquor was not seized from the exclusive and conscious possession of the applicant. The applicant has been in judicial custody since 13.06.2026, the charge-sheet has already been filed, and nothing remains to be recovered from him. It is further submitted that the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate surety and abide by all the conditions imposed by this Hon’ble Court. Therefore, the applicant prays for grant of bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one previous criminal antecedents and that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the period of detention, as the applicant has been in judicial custody since 13.06.2026, the fact that charge-sheet has already been filed before
3 the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Ratan Chandra, involved in Crime No. 309/2026 registered at Police Station – Champa District - Janjgir Champa (C.G.), for the offences punishable under Section 34(2) of the 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 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
4 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