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2026 DAILYLAW 36345 (CHH)

MOHAMMAD MAKSOOD ALI v. STATE OF CHHATTISGARH

MCRC/8817/2026 · 2026-09-21

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010368422026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8817 of 2026 1 - Mohammad Maksood Ali S/o Almas Ali, Aged About 35 Years R/o Village Sonapali, P.S. Dhonkota, District Sambalpur (Odisha) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Kotwali, District Rajnandgaon (C.G.) --- Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate For Non-applicant : Ms. Priya Sharma, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 22.09.2026 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.291/2026 registered at Police Station, Kotwali, Rajnandgaon (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 Rajnandgaon has received a secret information from the informant and on the basis of said information, raid was conducted and seized 9.540 REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.22 14:14:07 +0530 2 bulk litre 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 9.540 bulk litre of country-made liquor was not seized from his exclusive possession. It is further submitted that, though the applicant has criminal antecedents, out of four cases registered against him, he has been acquitted in two cases, while remaining two cases, registered under the Indian Penal Code, are pending consideration. He would further contend that there is no previous history of illegal transportation of liquor. He would submit that the applicant is in jail since 05.06.2026, 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 submits that the charge-sheet has already been filed before the competent Court. She would contend that two criminal cases registered under the Indian Penal Code are still pending consideration, 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, the nature and gravity of the offence, and the fact that only two criminal cases under the Indian Penal Code are pending consideration, in 3 which the applicant is already on bail, and further considering the fact that the charge-sheet has been filed before the competent Court and the applicant is in jail since 05.06.2026 and the 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 the present 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