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2026 DAILYLAW 37923 (CHH)

HRIDAY RAM MANDAVI v. THE STATE OF CHHATTISGARH

MCRC/8074/2026 · 2026-09-30

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010336372026 2026:CGHC:42708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8074 of 2026  Hriday Ram Mandavi S/o Shri Phulchand Mandavi Aged About 40 Years R/o Village- Bardevri Bhatthipara, P.S. And Tahsil- Kanker, District- North Bastar Kanker (C.G.) ... Applicant versus  The State Of Chhattisgarh Through Station House Officer, Police Station- Kanker, District- North Bastar, Kanker, (C.G.) ... Respondent(s) For Applicant : Mr. Rajendra Patel, Advocate For State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.10 .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. 269/2026 registered at Police Station Kanker, District North Bastar Kanker (C.G.), for the offence punishable under Section 34(2) of Excise Act. 2. Case of the prosecution, in brief, is that police of Police Station Excise Kanker, District North Bastar Kanker has received a secret information from the informant and on the basis of said information, raid was conducted and seized 15 bulk liters of country made liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.10.01 17:24:27 +0530 2 present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 15 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. He would further submit that applicant has only one criminal antecedent of similar nature registered in the year 2025 and in said case, applicant was enlarged on bail. He further submits that the applicant is in jail since 11.08.2026, charge-sheet has been filed and trial is likely to take some time for its conclusion. 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. She also submits that the applicant has one criminal antecedent under the Excise Act, which shows that the applicant is a habitual offender, 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, the fact that the applicant has only one criminal antecedent of similar nature, in which he has already been enlarged on bail. Further, charge-sheet has been filed, applicant is in jail since 11.08.2026 and looking to the quantity of the liquor seized i.e. 15 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