Chattisgarh High Court
Jalandhar Nag vs State Of Chhattisgarh on 20 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:17911
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3568 of 2026
Jalandhar Nag S/o Shri Dayanidhi Nag Aged About 50 Years R/o Ward No. 14,
Potarpara Bagbahra, P.S. And Tahsil Bagbahra, Distt. Mahasamund,
Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, P.S. Komakhan, Distt.
Mahasamund, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Shashwat Namdeo, Advocate.
Digitally signed
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
by ABHISHEK
SHRIVAS
ABHISHEK
Date:
SHRIVAS
Hon'ble Shri Ramesh Sinha, Chief Justice
2026.04.21
11:35:37
+0530
Order on Board
20.04.2026
1.The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2026, registered at Police Station Komakhan, District - Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.
2. As per the brief facts of the prosecution case, on the basis of information received from an informer, the police staff of Police Station Komakhan seized 9.00 bulk liters of plain country-made liquor from the possession of the applicant and the co-accused, who were allegedly carrying the 2 liquor on a motorcycle. On the basis of a false seizure memo, the police registered a case under Section 34(2) of the CG Excise Act against the applicant and the co-accused and arrested them.
3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents and the charge-sheet has already been submitted before the competent Court in the present case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 27.01.2026, the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court.
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, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has no criminal antecedents, as reflected in paragraph 4(a) of the bail application and further considering that the charge-sheet has been filed before the competent Court, the applicant has been in jail since 27.01.2026, the conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant.
7. Let applicant, Jalandhar Nag, involved in Crime No. 14/2026, registered 3 at Police Station Komakhan, District - Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing 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 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, 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 4 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 Abhishek