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2026 DAILYLAW 37637 (CHH)

ASHOK BANJARE v. STATE OF CHHATTISGARH

MCRC/9202/2026 · 2026-09-29

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010377982026 2026:CGHC:42481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9202 of 2026 • Ashok Banjare S/o Shri Majnu Banjare Aged About 37 Years R/o Gram Tamasivani, Thana Aarang, District Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Police Station Rajim, District Gariaband (C.G.) ... Non-Applicant For Applicant : Mr. Kartik Kathuria, Advocate For State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.09 .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. 215/2026 registered at Police Station Rajim, District Gariaband (C.G.), for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Rajim intercepted a motorcycle i.e., HF Deluxe bearing registration No. CG 04 MC 9653 and seized 6.480 bulk litres of country-made spiced liquor from the joint possession of the present applicant and the co-accused. Thereafter, the police registered the aforesaid offence against the present applicant. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.30 14:17:29 +0530 2 3. It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in this case. He would further submit that the applicant is in jail since 04.08.2026 and trial is likely to take some time for its conclusion. He would further contend that the present applicant has two criminal antecedents registered under the C.G. Excise Act, which have already been disposed of with fine. He would submit that the co-accused has already been granted bail vide order dated 26.09.2026 passed in MCRC No. 9046 of 2026. He prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that from the possession of the present applicant 6.480 bulk litres of country-made spiced liquor was seized, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Having considered the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the quantity of seized liquor i.e. 6.480 bulk litres, charge-sheet has been filed and the applicant is in jail since 04.08.2026, conclusion of trial is likely to take some time. Further the fact that the applicant has two criminal antecedents registered under the C.G. Excise Act, which have already been disposed of with fine. Further, co-accused has already been granted bail vide order dated 26.09.2026 passed in MCRC No. 9046 of 2026, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- 3 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. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant