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2026 DAILYLAW 7929 (CHH)

GANESH MARAVI v. STATE OF CHHATTISGARH

MCRC/9490/2025 · 2026-01-05

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Judgment text

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1 2026:CGHC:719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9490 of 2025 Ganesh Maravi S/o Panchram Maravi Aged About 21 Years Resident of Jali, Police Station Ratanpur, District - Bilaspur Chhattisgarh ... Applicant(s) versus State of Chhattisgarh Through Station House O昀케cer, Police Station Ratanpur, District – Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Shreya Jaiswal, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Layer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.697/2025, registered at Police Station- Ratanpur, District - Bilaspur (C.G.) for the o昀昀ences punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that, the police received secret information from an informant to the e昀昀ect that, on the date of the incident, i.e., 24.10.2025, an unknown person was in possession of illegal liquor for the purpose of sale. Acting upon the said information, the police reached the spot and seized 75 bulk litres of Kachchi Mahua liquor ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.07 11:49:53 +0530 2 from the place of incident. The applicant failed to produce any valid licence or document in respect of the seized liquor. Consequently, the police registered a case against the applicant for the o昀昀ence punishable under Section 34(2) of the Chhattisgarh Excise Act 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is languishing in jail since 24.10.2025, though the charge-sheet has been 昀椀led, but the trial is likely to take some time for its conclusion. He later submits that applicant has no previous criminal antecedent registered against him. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that the applicant has no previous criminal antecedents registered against him. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that applicant has no previous criminal antecedents registered against him, charge-sheet has already been 昀椀led and he is in jail since 24.10.2025 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Ganesh Maravi, involved in Crime No.697/2025, registered at Police Station- Ratanpur, District - Bilaspur (C.G.) for the o昀昀ences punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following 3 conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su昀케cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 4 7. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek