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2026 DAILYLAW 33292 (CHH)

MADHAV BANDHE v. STATE OF CHHATTISGARH

MCRC/7104/2026 · 2026-08-23

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Judgment text

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1 CGHC010300622026 2026:CGHC:37923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7104 of 2026 Madhav Bandhe S/o Late Dilip Bandhe Aged About 27 Years R/o Ahilda, P.S. Lavan, District- Balodabazar-Bhatapara, (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House O1cer, P.S. Lavan, District- Balodabazar-Bhatapara, (C.G.) ... Non-applicant For Applicant : Mr. Suresh Kumar Verma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 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. 220/2026, registered at Police Station - Lavan, District – Baloda Bazar – Bhatapara (C.G.) for the o=ence punishable under Sections 34(2) and 36 of the C.G. Excise Act. 2. As per the prosecution case, on 27.06.2026, the police received information from a Mukhbir (informant), pursuant to which 35 bulk litres of country-made hand-distilled liquor, valued at Rs. 7,000/-, were seized from the present applicant. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 11:04:22 +0530 2 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that the applicant has only two criminal antecedents. Out of these, in one case, the applicant has already been acquitted, whereas the other case is still pending. The details of all the aforesaid antecedents have been duly explained in Part D of the present bail application. He further submits that, under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year, while the maximum punishment is three years. The applicant has been in custody since 27.06.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular 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 Cled before the competent Court. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has two criminal antecedents, out of which in one case, the applicant has already been acquitted, whereas the other case is still pending, the details of which have been duly explained in Part D of the present bail application, and further considering the fact that the charge-sheet has been Cled and the applicant has been in custody since 27.06.2026, and that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Madhav Bandhe, involved in Crime No. 220/2026, registered at Police Station - Lavan, District – Baloda Bazar – Bhatapara (C.G.) for the o=ence punishable under Sections 34(2) and 36 of the C.G. 3 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 Cle an undertaking to the e=ect that he shall not seek any adjournment on the dates Cxed 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 Cxed, either personally or through his counsel. In case of his absence, without su1cient 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 Cxed 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 Cxed 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 su1cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 4 against him in accordance with law. 8. O1ce is directed to provide a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek