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2026 DAILYLAW 36571 (CHH)

KISHAN CHOUHAN v. STATE OF CHHATTISGARH

MCRC/8441/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010344472026 2026:CGHC:41359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8441 of 2026 1 - Kishan Chouhan Son Of Kamta Chouhan Aged About 26 Years Resident Of Khorigaon, Police Station Baramkela, District Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Excise Circle Sariya, District Sarangarh-Bilaigarh (C.G.) --- Non-applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.04/2026, registered at Police Station Excise Circle Sariya, District Sarangarh- Bilaigarh Chhattisgarh for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that the officers of Police Station Excise Circle Sariya, District Sarangarh-Bilaigarh, received a secret information from the informant and on the basis of the said information conducted a raid and seized 10 bulk liters of country made liquor from the possession of the applicant, thereafter, Police has registered an aforesaid offence against the present applicant. 3. Learned counsel appearing for the applicant would submit that the 2 applicant has falsely been implicated in the present case and he is innocent. He would further submit that the applicant has three criminal antecedents. The first case is under Section 34(1)(A) of the Chhattisgarh Excise Act, registered in the year 2024-2025, which is presently pending consideration, while the other two cases are under Sections 379/34 and 294, 506 and 323 of the IPC, which are also pending consideration. Learned counsel would further submit that the applicant is in jail since 10.04.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude; thus, he would pray that the applicant may be enlarged on regular bail. 4. On the other hand, the learned State counsel would oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. He would further submit that 10 bulk liters of country made liquor was seized from the possession of the present applicant, therefore, he is not entitled to grant of regular bail. 5. I have heard the learned counsel 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 allegations levelled against the applicant, and the fact that the applicant has three criminal antecedents, the first of which is under Section 34(1)(A) of the Chhattisgarh Excise Act, registered in the year 2024-2025, and the other two are under Sections 379/34 and 294, 506 and 323 of the IPC, which are presently pending consideration, and further considering the fact that the charge-sheet has already been filed, the applicant is in jail since 10.04.2026, and the trial is likely to take some time to conclude, this Court is inclined to grant regular bail to the applicant. 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 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 3 the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (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 trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Jyoti