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2026 DAILYLAW 37673 (CHH)

BALARAM SAHU v. STATE OF CHHATTISGARH

MCRC/8608/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010358162026 2026:CGHC:42399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8608 of 2026 • Balaram Sahu S/o Itwariram Sahu Aged About 45 Years R/o Village Amaldiha, Pandaria, Police Station District Kabirdham Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through- Police Station Pandariay District Kabirdham Chhattisgarh. ... Non-Applicant For Applicant : Mr. Shikhar Agnihotri, Advocate For State : Mr. Dharmesh Shrivastava, Dy. Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09 .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. 176/2026 registered at Police Station Pandariya, District Kabirdham (C.G.), for the offence punishable under Section 34(2) of Excise Act. 2. Case of the prosecution, in brief, is that on 31.08.2026, police of Police Station Pandariya, District Kabirdham received a secret information from the informant and on the basis of the said information, raid was conducted and seized 10 liters of Mahua liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.29 17:48:18 +0530 2 applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the applicant is in jail since 31.08.2026, charge-sheet has been filed and trial is likely to take quite some time for its conclusion. With regard to three criminal antecedents of the applicant, it is argued that there are total three criminal antecedents under Excise Act and all three cases have already been disposed of with fine and no case is pending against him. He would pray for grant of bail to the present applicant. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He also submits that the applicant has three criminal antecedents under the Excise Act, which are of similar nature, 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. 6. Having considered the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant and the fact that the applicant has three criminal antecedents, which are of similar nature, all the cases have already been disposed of with fine and no case is presently pending against the applicant. Further, charge-sheet has been filed, applicant is in jail since 31.08.2026 and looking to the quantity of the liquor i.e. 10 liters, I am inclined to allow this bail application. 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