Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 36184 (CHH)

DEVCHAND KURRE v. STATE OF CHHATTISGARH

MCRC/7768/2026 · 2026-09-20

Shri Rakesh Mohan Pandey

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010315392026 2026:CGHC:41024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7768 of 2026 1 - Devchand Kurre S/o Faguram Kurre Aged About 34 Years R/o Village Kuriyari, P.S. Shivrinarayan, District - Janjgir-Champa Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Shivrinarayan, District - Janjgir-Champa Chhattisgarh --- Non-applicant For Applicant : Mr. C.P. Lahrey, Advocate For Non-applicant : Ms. Smriti Shrivastava, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 21.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, he has been arrested in connection with Crime No.225/2026 registered at Police Station, Shivrinarayan, District Janjgir-Champa (C.G.) for the offence under Section 34(2) of the Chhattisgarh Excise Act. 2) Case of the prosecution, in brief, is that police of Police Station Shivrinarayan has received a secret information from the informant and on the basis of said information, raid was conducted and seized 2 15 bulk liters of country-made liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present applicant. 3) Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case and the alleged 15 bulk litres of country-made liquor was not seized from the exclusive possession of the applicant. It is further argued that, though there are four criminal antecedents against the applicant, three cases relate to Section 36 of the Excise Act, in which the applicant was convicted and sentenced to fine, while one case under Section 34(2) of the Excise Act is pending. He would contend that the applicant is in jail since 14.07.2026; the charge-sheet has already been filed; and the conclusion of the trial is likely to take a considerable period of time. Therefore, he prays for grant of regular bail to the applicant. 4) On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant may abscond, 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) Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, and the fact that only one case under Section 34(2) of the Excise Act is pending, and further considering the fact that the charge-sheet has been filed before the competent Court and the applicant is in jail since 14.07.2026, and the conclusion of the 3 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. Accordingly, the bail application is allowed. 7) 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. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha