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2026 DAILYLAW 38104 (CHH)

RAMKUMAR MATHUR v. THE STATE OF CHHATTISGARH

MCRC/8848/2026 · 2026-09-30

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010363332026 2026:CGHC:42847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8848 of 2026 Ramkumar Mathur S/o Uttara Mathur, Aged About 33 Years R/o Village Kopedih, Police Station Bhakhara, District- Dhamtari, Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through Station House Officer, Police Station Bhakhara, District- Dhamtari, Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Punit Ruparel, Advocate. For Non-Applicant/State : Ms. Laxmin Kashyap, Panel Lawyer Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 01/10/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 106/2026, registered at Police Station Bhakhara, District Dhamtari (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 26.08.2026, the police of Police Station Bhakhara received secret information KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 regarding illegal preparation and sale of country-made liquor by the applicant. Acting upon the said information, the police conducted a raid and recovered a total of 50 bulk litres of country-made liquor kept in plastic containers. As the applicant failed to produce any valid document or authority for possessing the said liquor, the same was seized and the aforesaid offence was registered against him. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that the alleged liquor was not seized from the conscious possession of the present applicant, as the same was seized from a house which does not belong to the applicant. He would further submit that the charge-sheet has already been filed before the competent Court and the applicant is in jail since 26.08.2026. So far as the criminal antecedents of the applicant are concerned, he has one criminal antecedent of similar nature, in which he has already been acquitted. He would further submit that the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the charge-sheet has already been filed before the competent Court and 50 bulk litres of country-made liquor was seized in the present case. She would further submit that the applicant has one criminal antecedent of similar nature, as mentioned in Part-D of the bail application. Accordingly, she submits that the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Having considered the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant, the fact that charge-sheet has already been filed before the competent Court, the period of incarceration since 26.08.2026 and further considering the quantity of liquor involved in the present case as well as criminal antecedent of the applicant as mentioned in Part-D of the bail application, wherein he has already been acquitted and the conclusion of the trial is likely to take some time, thus without further commenting on the merits of the case, this Court is inclined to grant bail to the applicant. 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