RAVINDRA KUMAR VISHWAKARMA v. STATE OF CHHATTISGARH
MCRC/8354/2026 · 2026-09-08
Shri Parth Prateem Sahu
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35581 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35581 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010349462026
2026:CGHC:39529
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8354 of 2026 Ravindra Kumar Vishwakarma S/o Shri Hemant Kumar Vishwakarma (Complete Name Not Mentioned In The Impugned Order) Aged About 32 Years R/o Village- Kasahikala Police Station Suregaon District- Balod (C.G.) ... Applicant
Versus State Of Chhattisgarh Through- Police Station Suregaon District- Balod (C.G.) ... Non-Applicant
For Applicant : Mr. Roshan Singh Lamba, Advocate For Non-Applicant : Mr. Pranjal Shukla, Panel Lawyer. SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 09/09/2026
1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 65/2026 registered at Police Station – Suregaon District- Balod Chhattisgarh for the offences punishable under Section 34(2) of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.15 15:17:36 +0530
2
2. The prosecution case, in brief, is that on 15.08.2026, Police Station Suregaon received secret information that the applicant was illegally selling liquor. Acting upon the said information, the police conducted a raid and apprehended the applicant near Kasahikala Village, Bhatapara High School. Upon search, 5.400 bulk litres of country liquor was allegedly seized from his possession. The applicant failed to produce any valid document or licence authorizing possession of the said liquor. Consequently, he was taken into custody and the aforesaid crime was registered against him.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that no liquor was seized from the exclusive possession of the applicant, as the alleged liquor was seized from the roadside, and the applicant has been falsely implicated due to previous animosity with the police personnel. It is further submitted that even assuming the alleged liquor was seized from the possession of the applicant, the quantity involved is only 5.400 bulk litres, which is marginally above the permissible limit of 5 bulk litres under the C.G. Excise Act. Learned counsel further submits that the charge-sheet has already been filed, hence, he may be enlarged on bail.
4. Learned State counsel opposes the bail application and submits that 5.400 bulk litres of country liquor were seized from the possession of the applicant, who failed to produce any valid licence or document authorizing possession thereof. He further
3 submits that the applicant has one criminal antecedent and charge-sheet has already been filed.
5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.
6. Taking into consideration the facts and circumstances of the case, the nature of the allegations, the submissions of learned counsel for the respective parties, charge-sheet has already been filed, the applicant is in jail since 15.08.2026, trial is likely to take some time, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail.
7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is
directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of hisabsence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her presence, proclamation under Section 84 ofBNSS. 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.
4 (d) The applicant shall remain present, in person, before the trial courton 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 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. Certified copy as per rules. Sd/- Sd/- (Parth Prateem Sahu) Judge vaibhav