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2026 DAILYLAW 36388 (CHH)

SHIVCHARAN CHOUHAN v. STATE OF CHHATTISGARH

MCRC/8310/2026 · 2026-09-21

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010346742026 2026:CGHC:41164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8310 of 2026  Shivcharan Chouhan S/o Bhattesingh Aged About 57 Years R/o Tilaipali, P.S. Saraipali, District- Mahasamund, (C.G.) ... Applicant versus  State Of Chhattisgarh Through Station House Officer, Police Station- Saraipali, District- Mahasamund, (C.G.) ... Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Non-Applicant : Mr. Vivek Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22.09.2026 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. 254/2026 registered at Police Station Saraipali, District : Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2 2. Case of the prosecution, in brief, is that police of Police Station Saraipali received secret information from the informant and on the basis of said information, raid was conducted wherein 120 litre of mahua liquor was seized 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 this case and the said 120 litre of mahua liquor was not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has no criminal antecedents under the Excise Act and 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 03.08.2026, 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, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He 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. 3 6. Taking into consideration 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 no 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 03.08.2026, 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. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (a) he shall make himself available for interrogation by the police officer as and when required; (b)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; and (c) he shall not act in any manner which will be prejudicial to a fair and expeditious 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 A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.09.22 17:16:31 +0530