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2026 DAILYLAW 37048 (CHH)

RAMKUMAR JOLHE v. STATE OF CHHATTISGARH

MCRC/8992/2026 · 2026-09-24

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010374322026 2026:CGHC:41663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8992 of 2026 1 - Ramkumar Jolhe S/o Deshram Jolhe Aged About 50 Years R/o Village Palsapali, Police Station Balouda, District- Mahasamund (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Balouda, District- Mahasamund (C.G.) --- Non-applicant For Applicant : Mr. Gurudev I Sharan, Advocate For Non-applicant : Ms. Priya Sharma, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 25.09.2026 1) The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in connection with Crime No. 46/2026, registered at Police Station Balouda, Mahasamund (C.G.), for the offences punishable under Section 34(2) of the Chhattisgarh Excise Act. 2) The case of the prosecution, in brief, is that the police of Police Station Balouda (C.G.), received information from the informant and on the basis of said information, conducted a raid and seized 25 litre of country-made liquor from the possession of the applicant. Thereafter, 2 the police registered the aforesaid offence against the present applicant. 3) Mr. Sharan, learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the present case. He would further submit that though the applicant has two criminal antecedents of similar nature but in both cases, one registered under the IPC and the other under the Excise Act, he has already been acquitted. He would also submit that the applicant is in jail since 22.07.2026, the charge-sheet has been filed, and the conclusion of the trial is likely to take some time; therefore, he prays for the grant of regular bail to the present applicant. 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. She would further submit that 25 bulk litre of country-made liquor was seized from the possession of the present applicant; therefore, he is not entitled to the grant of regular bail. 5) I have heard learned counsel for the parties and perused the material case diary. 6) Having considered the quantity of liquor seized from the possession of the present applicant, and further considering that though the applicant has two criminal antecedents of similar nature but in both cases, one registered under the IPC and the other under the Excise Act, he has already been acquitted, and the charge-sheet has been filed, the applicant is in jail since 22.07.2026, and the likelihood of the trial taking considerable time to conclude, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. 3 Accordingly, the bail application filed under Section 483 of the BNSS, 2023 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