RAJARAM KEWAT vs STATE OF CHHATTISGARH

1

CGHC010316462026 2026:CGHC:38682
NAFR
MANPREET
KAUR
Digitally signed
by MANPREET
KAUR
Date: 2026.09.01
15:41:02 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7611 of 2026
Rajaram Kewat S/o Nanki Ram Kewat Aged About 35 Years Caste
Kewat, R/o Binjhwar Mohalla Churi, Police Station Katghora, District :
Korba, Chhattisgarh
... Applicant(s)
versus
State Of Chhattisgarh Through- Excise Circle Banki Mongra, District :
Korba, Chhattisgarh
... Respondent(s)
For Applicant(s) : Mr. Punendra Khichariya, Advocate
For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
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. 79/2026, registered at Police Station- Excise
Circle Banki Mongra, District - Korba (C.G.) for the offence
punishable under Section 34(1)(a)(f), 34(2) and 59(a)(1)(2) of the

2
C.G. Excise Act.
2. As per the prosecution story in brief, on 29.06.2026, Excise Sub-
Inspector Deepmala Lakshwali, acting upon information received
from a patrolling informant, proceeded to the spot and,
considering the urgency of the matter, conducted the search
without obtaining a search warrant. After the members of the
Excise staff had offered their personal search before the
witnesses, the premises were searched, where the
applicant/accused Rajaram was allegedly found red-handed
manufacturing illicit liquor. During the search, 07 litres of Mahua
liquor, kept in a 10-litre capacity jerrycan and a black-coloured
bucket, was recovered, identified as Mahua liquor on spot
examination, and thereafter seized and sealed in accordance with
law. The accused was arrested on the same day, i.e., 29.06.2026,
and after completion of investigation, the charge-sheet has been
filed before the learned Chief Judicial Magistrate, Korba, District
Korba (C.G.), for the offences punishable under Sections 34(1)(a)
(f), 34(2) and 59(a)(1)(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 29.06.2026 and though the charge-sheet has already been
filed, the trial is likely to take some time for its conclusion. He later
submits that so far as criminal antecedents of the applicant is

3
concerned, the applicant has only one previous 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. Learned counsel appearing for the State/non-applicant opposes
the bail application of the applicant and also the submissions
advanced by learned counsel for the applicant .
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,
nature and gravity of allegation levelled against the applicant and
the fact that the applicant has only one criminal antecedent
registered against him, he is languishing in jail since 29.06.2026
and though the charge-sheet has already been filed, conclusion of
the trial is likely to take some time, as such, the Court is of the
opinion that the applicant is entitled to be enlarged on bail. Hence,
the bail application of the applicant is allowed .
7. Let applicant, Rajaram Kewat , involved in Crime No. 79/2026,
registered at Police Station- Excise Circle Banki Mongra, District -
Korba (C.G.) for the offence punishable under Section 34(1)(a)(f),
34(2) and 59(a)(1)(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:-

4
(i) The applicant shall file an undertaking to the
effect that he shall not seek any adjournment on the
dates fixed 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 fixed, either personally or
through his counsel. In case of his absence, without
sufficient 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 fixed 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 fixed 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 sufficient 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.

5
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance.
Sd/-
(Ramesh Sinha)
Chief Justice
Manpreet