RAMKUMAR vs STATE OF CHHATTISGARH

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CGHC010304582026 2026:CGHC:38331
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7401 of 2026
Ramkumar S/o Nakul, Aged About 45 Years, R/o Village Sirsobha, P.S.-
Digitally
signed by
PREETI
KUMARI
Date:
2026.09.01
12:45:14
+0530
Singhoda, District : Mahasamund, Chhattisgarh
PREETI
KUMARI
... Applicant
versus
State of Chhattisgarh Through Police Station - Singhoda, District -
Mahasamund, Chhattisgarh
... Non-Applicant
For Applicant : Mr. Kishore Narayan, Advocate.
For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer.
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board
31.08.2026
This is the first bail application filed under Section 483 of Bharatiya Nagrik
1.
Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has
been arrested in connection with Crime No. 35/2026 registered at Police
Station – Singhoda, District - Mahasamund (C.G.), for the offence
punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. The prosecution case, in brief, is that the police of Police Station
Singhoda, acting upon secret information, recovered 40 litres of country-
made Mahua liquor from co-accused Nakul Nayak. It is alleged that, at
the time of the police raid, the present applicant fled from the spot.
Subsequently, he was arrested on 20.05.2026.

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3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. It is further submitted that the
charge-sheet has already been filed in the present case and that the
applicant has been in judicial custody since 20.05.2026. He further
submits that the applicant has no previous criminal antecedents, and that
the reference to one previous criminal antecedent in Part-D of the bail
application was inadvertently mentioned . Learned Counsel argues that
under Section 34(2) of the C.G. Excise Act, the prescribed punishment
ranges from a minimum of one year to a maximum of three years, and that
the conclusion of the trial is likely to take a considerable amount of time. In
light of the aforesaid circumstances, it is prayed that this Court may be
pleased to grant regular bail to the applicant.
4. Learned counsel for the State/non-applicant opposes the bail application.
She further submits that the charge-sheet has already been filed and does
not dispute the fact that the applicant has no previous criminal
antecedents.
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, the
nature and gravity of the allegations levelled against the applicant, and the
fact that the charge-sheet has been filed, further the applicant has no
previous criminal antecedents and the applicant has been in custody
since 20.05.2026, and that the conclusion of the trial is likely to take some
time, this Court is of the view that the applicant is entitled to be released
on bail in the present case.
7. Accordingly, the bail application is allowed . Let the applicant -
Ramkumar, involved in Crime No. 35/2026 registered at Police Station –

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Singhoda, District - Mahasamund (C.G.), for the offence punishable under
Section 34(2) of the Chhattisgarh 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 conditions:-
(i) The applicant shall file an undertaking to the effect
that she 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
her counsel. In case of her absence, without sufficient
cause, the trial court may proceed against her under
Section 269 of BNS.
(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 her, in
accordance with law, under Section 209 of BNS.
(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

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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 her in
accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court for
necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti