Chattisgarh High Court
Baratram Yadav vs The State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12132
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1354 of 2026
Baratram Yadav S/o Shri Panchram Yadav Aged About 50 Years R/o Village-
Mugulbhatha Thana- Kasdol Distt- Balodabazar-Bhatapara (C.G.)
... Applicant
VAIBHAV
SINGH
Digitally signed by
versus
VAIBHAV SINGH
Date: 2026.03.16
11:40:03 +0530
State Of Chhattisgarh Through- The Excise Officer- Excise Circle Kasdol,
Distt- Balodabazar-Bhatapara (C.G.) ...Non-applicant
For Applicant : Mr. Sunil Sahu, Advocate.
For Non-applicant/State : Ms. Smriti Shirvastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
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. 114/2025 registered at Police Station - Excise Circle Kasdol, District- Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 34(2) and 59(A) of the C.G. Excise Act.
2. The case of the prosecution, in brief, is that on 24.12.2025 the officers 2 of Excise Circle Kasdol received a secret information from the informant, made the search at Village Mugulbhatha and alleged to have seized 30. Bulk Liter country made mahua liquor, arrested the present applicant on the basis of doubt and after completing the investigation filed the charge-sheet.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has no involvement in the alleged offence and has been arrested by the police merely on the basis of suspicion. The applicant has no concern with the alleged liquor, as the same was seized from an open place near the cremation ground and there is no evidence on record to establish that the applicant was in possession of the said liquor. The prosecution agency has also failed to collect any material to show that the place of seizure or the liquor belonged to the applicant, particularly when several persons were present near the place of the alleged incident, yet the Excise officials arrested the applicant only on the basis of doubt. It is further submitted that the prosecution agency did not properly measure the alleged liquor and without any measurement mentioned it as 30 bulk litres in the seizure memo, and the seizure witnesses were called at the time of preparing the memo. The investigation has been completed and the charge-sheet has been filed, and the offence alleged against the applicant is triable by the Judicial Magistrate First Class. The applicant has no previous criminal conviction and the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address 3 mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready to furnish bail bond and surety to the satisfaction of this Hon'ble Court and undertakes to abide by all the terms and conditions that may be imposed by this Hon'ble Court while granting bail.
4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case and that the applicant has two previous criminal antecedent, therefore, he is not entitled to the grant of regular bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in jail since 24.12.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant.
7. Let the Applicant - Baratram Yadav, involved in Crime No. 114/2025 registered at Police Station - Excise Circle Kasdol, District- Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 34(2) and 59(A) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following 4 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 his 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Vaibhav