This order grants regular bail to the applicant arrested for illegal distillation under the C.G. Excise Act. The High Court found no prior criminal record, noted no threat of absconding if conditions are met, and directed release upon execution of a personal bond.
Regular bail granted on execution of a personal bond of Rs. 50,000/.
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CGHC010300562026
Digitally signed by AJINKYA PANSARE Date: 2026.09.15 14:07:15 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7239 of 2026
versus
... Non-applicant
For Applicant : Ms. Gayatri Chouhan, Advocate For Non-Applicant : Ms. Monika Thakur, P.L.
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
15.09.2026
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. 343/2026 registered at Police Station Chakradhar Nagar, District Raigarh, for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act against the present applicant.
2. Case of the prosecution, in brief, is that police of Police Station Chakradhar Nagar, District Raigarh, has received a secret
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information from the informant and on the basis of said information, raid was conducted and seized 28 liters of mahua liquor from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present applicant.
3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said 28 liters of mahua liquor was not seized from the exclusive possession of the applicant. It is further argued by her 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 14.07.2026, conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant.
4. On the other hand, learned counsel for the State, opposes 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 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.
6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present
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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 14.07.2026, 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:-
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.
Sd/- (Rakesh Mohan Pandey) JUDGE
A j i n k y a
2 issues framed by the court
Whether bail should be granted to an applicant arrested for excise offences with no prior criminal record pending under the Excise Act.
Whether the delay in conclusion of the trial and absence of criminal antecedents justify regular bail.
2 provisions across 2 enactments
Motichand Ogre
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
