Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 35518 (CHH)

DHANIL MARKAM v. STATE OF CHHATTISGARH

MCRC/8523/2026 · 2026-09-14

Shri Rakesh Mohan Pandey

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010356812026 2026:CGHC:40178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8523 of 2026 • Dhanil Markam S/o Dhanraj Markam Aged About 34 Years R/o Lalmatiya Para, Renki Thana Hardibazar, District Korba Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station Excise Circle Dipka, District Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. T.R. Patel, Advocate For State : Mr. Vivek Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.09 .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. 150/2026 registered at Police Station Excise Circle Dipka, District Korba (C.G.), for the offence punishable under Sections 34(1)(a)(b), 34(2), 59(a) of Excise Act. 2. Case of the prosecution, in brief, is that police of Police Station Excise Circle, Korba, District Korba (C.G.), has received a secret information from the informant and on the basis of said information, raid was conducted and seized 31.200 liters of hand made mahua liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.15 17:59:14 +0530 2 present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 31.200 liters of hand made mahua liquor were not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has 01 criminal antecedents under the Excise Act, which is still pending. 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 14.08.2026, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State would oppose. Mr. Sharma would submit that the charge-sheet has been filed in the present case before the competent Court. He also submits that the applicant has 01 criminal antecedent under the Excise Act of the year 2024, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant has only 01 criminal antecedent under the Excise Act pending against him, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 14.08.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. 3 7. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant