VINOD NIRMALKAR vs STATE OF CHHATTISGARH

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CGHC010255462026 2026:CGHC:38673
NAFR
VAIBHAV
SINGH
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
VAIBHAV SINGH
Date: 2026.09.01
16:07:02 +0530
MCRC No. 6475 of 2026
Vinod Nirmalkar S/o- Runguram Nirmalkar, Aged About 40 Years R/o-
Village- Jhaara, Police Station- Khallari, Tahsil- Bagbahra, District-
Mahasamund (C.G.) ...Applicant

versus
State Of Chhattisgarh Through Station House Officer, Police Station-
Patewa, District- Mahasamund (C.G.) ... Non-applicant

For Applicant : Mr. Rahul Singh, Advocate.
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01.09.2026
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.
109/2026, registered at Police Station - Patewa, District-
Mahasamund (C.G.) for the offence punishable under Section 34(2)
of the Excise Act.
2. The prosecution case, in brief, is that on 14.06.2024, acting upon

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secret information that the applicant is illegally transporting country-
made liquor from Patewa to Patai Jhara. The police party intercepted
the applicant under the jurisdiction of Patewa Police and found 100
quarter bottles of country-made plain liquor total quantity 18 litres
along with one motorcycle were recovered from the possession of the
applicant. As the applicant allegedly failed to produce any valid licence
or authorization for possession and transportation of the said liquor,
the police registered the present offence under Section 34(2) of the
Chhattisgarh Excise Act and arrested the applicant.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
submitted that the prosecution has not collected any cogent or reliable
material connecting the applicant with the alleged offence and has
also failed to follow the mandatory procedure prescribed under the
Excise Act. Learned counsel further submits that the applicant was
apprehended by the police while he was proceeding to his in-laws’
house and was thereafter falsely implicated in the present crime. It is
further submitted that the applicant earns his livelihood by working as
a daily-wage labourer and is responsible for maintaining his aged and
ailing parents, and due to his continued incarceration, his family is
facing serious financial hardship. On these grounds, learned counsel
prays that the applicant may kindly be enlarged on bail.
4. On the other hand learned State counsel opposes the bail application
of the present applicant and submits that the charge-sheet has been
filed in the present case.
5. I have heard learned counsel for the parties and perused the case-

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diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the allegations levelled against the present applicant, the
fact that the charge-sheet has already been filed before the competent
Court, that the applicant has no criminal antecedents, and that the
applicant has been in judicial custody since 14.06.2026, coupled with
the fact that the conclusion of the trial is likely to take some time, this
Court is of the considered view that the applicant is entitled to be
released on bail in the present case.
Let applicant, Vinod Nirmalkar , involved in Crime No. 109/2026,
7.
registered at Police Station - Patewa, District- Mahasamund (C.G.)
for the offence punishable under Section 34(2) of the Excise Act, be
released on bail on furnishing personal bond with two local sureties
in the like sum to the satisfaction of the court concerned with the
following conditions:-
(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 him 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 BNSS. 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 209 of the Bharatiya Nyaya
Sanhita.
(iv) The applicant shall remain present, in person,

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