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2026 DAILYLAW 37927 (CHH)

SHILLU @ NILKAMAL RAJPUT v. STATE OF CHHATTISGARH

MCRC/7530/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010316652026 2026:CGHC:42069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7530 of 2026 1 - Shillu @ Nilkamal Rajput S/o Dukalu Rajput Aged About 40 Years R/o Village Umaria, P.S. Bilha, District- Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Bilha, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Devesh Chand Verma, Advocate For Non-applicant /State : Ms. Monika Thakur, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 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. 378/2026 registered at Police Station Bilha, District HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.09.29 10:52:26 +0530 2 Bilaspur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, 1915 (hereinafter, “the Excise Act”). 2. Case of the prosecution, in brief, is that as per the information received from an informer, police conducted a raid and seized 30 bulk liters of country made liquor from the house of the applicant and thereafter, registered the aforesaid offence against the present applicant. 3. Mr. Devesh Chand Verma, learned counsel appearing for the applicant, would submit that the applicant has falsely been implicated in the present case and he is innocent. He would further submit that though the applicant has three criminal antecedents of similar nature, however, in two cases, the applicant has been acquitted and the third case for commission of offence punishable under Section 36(ch) of Excise Act registered in the year 2024 has already been disposed of. He would further contend that the applicant is in jail since 24/07/2026, the charge- sheet has already been filed, and the trial is likely to take considerable time to conclude, therefore, the applicant be enlarged on regular bail. 4. On the other hand, Ms. Monika Thakur, learned counsel for the non-applicant/State, would oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. She would further submit that 30 liters of country made liquor was seized from the possession of the present applicant, 3 and he has three previous criminal antecedents of the similar nature, therefore, the applicant is not entitled to grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the 30 bulk litres of country made liquor has been seized from the possession of the applicant and further considering that the applicant has three previous criminal antecedents out of which, in two cases, the applicant has been acquitted and the third case for commission of offence punishable under Section 36(ch) of Excise Act registered in the year 2024 has already been disposed of and lastly considering that the charge- sheet has already been filed, the applicant is in jail since 24/07/2026, and conclusion of trial is likely to take some time, this Court is inclined to grant regular bail to the applicant. Accordingly, the bail application is allowed. 7. 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 following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts 4 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, and (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. 8. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- S Sd/-- d/- (Rakesh Mohan Pandey) JUDGE Harneet