Extracted from the PDF above. The PDF is authoritative.
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CGHC010341312026
2026:CGHC:42201
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8225 of 2026 Mukesh Kumar Nirmalkar S/o Shri Jitendra Nirmalkar Aged About 26 Years R/o Village - Nawadih Khamharia, Police Station - Khallari, Tahsil - Bagbahra, District - Mahasamund Chhattisgarh
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Khallari, Distt. Mahasamund Chhattisgarh
... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate For Non-Applicant : Ms. Ankita Shukla, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board 28.09.2026
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. 85/2026 registered at Police Station Khallari, District : Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. Digitally signed by AJINKYA PANSARE Date: 2026.09.29 10:25:20 +0530
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2. Case of the prosecution, in brief, is that police of Police Station Khallari received secret information from the informant and on the basis of said information, raid was conducted wherein 35 litre of mahua liquor was seized from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present applicant.
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Learned Counsel for the applicant submits that the present applicant has falsely been implicated in this case and the said 35 litre of mahua liquor was not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has no criminal antecedents under the Excise Act and under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 11.08.2026, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant may abscond, 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. 3
6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant has no criminal antecedent under the Excise Act pending against him, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 11.08.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (a) he shall make himself available for interrogation by the police officer as and when required; (b)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; and (c) he shall not act in any manner which will be prejudicial to a fair and expeditious 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.
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(Rakesh Mohan Pandey)
JUDGE A j i n k y a