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2026 DAILYLAW 37694 (CHH)

AJAY CHAUHAN v. STATE OF CHHATTISGARH

MCRC/8708/2026 · 2026-09-29

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010360632026 2026:CGHC:42605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8708 of 2026 Ajay Chauhan S/o Bhogilal Chauhan Aged About 25 Years R/o Village Kanshipali, Police Station And Tahsil - Saraipali, District Mahasamund Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station Saraipali, District - Mahasamund Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Shreshav Shekhar Barik, Advocate. For Non-Applicant/State : Ms. Laxmin Kashyap, Panel Lawyer Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 30/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 227/2026 registered at Police Station Saripali, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that on 10.07.2026, on the basis of secret information, the police party reached near Bagai Jor KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Nala and apprehended the applicant, namely Ajay Kumar Chauhan. Upon search, 25 litres of illicit hand-made Mahua liquor was allegedly recovered from his possession and seized in the presence of witnesses. Accordingly, Crime No. 227/2026 was registered against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged liquor has not been seized from the conscious possession of the applicant. The applicant has no criminal antecedents and has been in custody since 10.07.2026. It is also submitted that the charge-sheet has already been filed before the competent Court and therefore, no further custodial interrogation of the applicant is required and the trial is likely to take some time. On these grounds, learned counsel prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that 25 litres of illicit hand-made Mahua liquor has been seized from the possession of the applicant however, she fairly submits that the applicant has no criminal antecedents but considering the nature and gravity of the offence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Considering the facts and circumstances of the case, quantity of 3 liquor allegedly seized from the applicant, the fact that the applicant has no criminal antecedents, he is in custody since 10.07.2026, charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time, thus without further commenting upon the merits of the case, this Court is of the considered view that the applicant deserves to be released on regular bail. 7. Accordingly, the bail application of the applicant is allowed. 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. - S/- Sd/- (Rakesh Mohan Pandey) Judge Kunal