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2026 DAILYLAW 37147 (CHH)

ISHWAR HIMDHAR v. STATE OF CHHATTISGARH

MCRC/9087/2026 · 2026-09-25

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010376562026 2026:CGHC:41873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9087 of 2026 1 - Ishwar Himdhar S/o Bhupdev Himdhar Aged About 19 Years R/o Village Medhapali, Police Station Dabhra, Distt. Sakti Chhattisgarh (Wrongly Mentioned The Surname Of The Applicant As Hitdhar In Cause Title Of The Bail Rejection Order) ... Applicant versus 1 - State Of Chhattisgarh Through S H O, P.S. Chandrapur, Distt. Sakti Chhattisgarh --- Non-applicant For Applicant : Mr. Rajbahadur Singh, Advocate For Non-applicant : Ms. Smriti Shrivastava, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 26.09.2026 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.99/2026 registered at Police Station, Chandrapur, District Sakti (C.G.) for the offence under Section 34(2) of the Chhattisgarh Excise Act. REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.26 15:14:03 +0530 2 2) The case of the prosecution, in brief, is that on 01.08.2025, the police received secret information and, subsequently, seized country-made liquor, totaling 30 bulk litre, from the exclusive possession of the applicant. Thereafter, the police registered the FIR against the applicant and arrested him. Consequently, the present bail application has been preferred by the applicant. 3) Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in this case. He would further submit that the present applicant has no criminal antecedents. He would contend that the applicant is in jail since 04.09.2026, 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 30 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 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 no criminal antecedents, and also considering the fact that the charge-sheet has been filed, the applicant is in jail since 04.09.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. Accordingly, the bail application is allowed. 3 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/she shall be released on bail on the following conditions:- (i) he/she 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/her from disclosing such fact to the Court; (ii) he/she shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he/she shall appear before the trial Court on each and every date given to him/her 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