[Cites 3, Cited by 0]
Chattisgarh High Court
Mohit Yadav vs State Of Chhattisgarh on 2 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15389
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2971 of 2026
Mohit Yadav S/o Shri Girdhari Lal Yadav Aged About 25 Years R/o Ward
AKHILESH
Digitally
signed by
No. 15 Near Sahu Dharmshala Budhwaripara Dongargarh, Tehsil
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
Dongargarh, District Rajnandgaon (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Chowki
Mohara, Police Station Dongargarh, District Rajnandgaon (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Syed Afaque Hussain Rizvi, Advocate.
For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02/04/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 64/2026 registered at Police Station
Dongargarh, District Rajnandgaon (C.G.), for the offence
punishable under Section 34(2) of the C.G. Excise Act.
2. Case of the prosecution, in brief, is that on 04.02.2026, as per
secret information received from the informant, the Police of
Police Staiton Dongargarh, District Rajnandgaon seized total
13.140 bulk liters of liquor from the scooty and one Oppo mobile,
thereafter, the case was registered against unknown persons and
during the course of investigation, present applicant has been
arrested. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and 13.140 bulk liters of liquor
was not seized from the exclusive possession of the applicant. He
further submits that under Section 34(2) of the C.G. Excise Act,
minimum punishment is one year and maximum punishment is
three years. He also submits that the applicant has two criminal
antecedents, out of which, one is under the Excise Act, which has
been disposed with fine and another is under the IPC, which has
been disposed with compromised, further the applicant is in jail
since 05.02.2026 and the conclusion of the trial is likely to take
quite long time. Therefore, he prays for grant of regular bail to the
applicant.
4. Learned counsel for the State/non-applicant would oppose the bail
application and submit that the charge-sheet has been filed in the
present case before the competent Court and the applicant has
two criminal antecedents, out of which, one is under the Excise
Act of the year 2025 and one is under the IPC of the year 2022.
She further submits that 13.149 bulk liters of liquors was
recovered from the scooty on which applicant was travelling
transporting the same, therefore, the applicant is not entitled for
grant of bail.
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,
nature and gravity of allegation levelled against the applicant and
the fact that the applicant has two criminal antecedents, out of
which, one is under the Excise Act, which has been disposed with
fine and another is under the IPC, which has been disposed with
compromised, the applicant is in jail since 05.02.2026 and the
charge-sheet has been filed in the present case, further the
conclusion of the trial may take some more time, as such, this
Court is of the view that the applicant is entitled to be released on
bail in this case.
7. Accordingly, the application is allowed.
8. Let the applicant - Mohit Yadav, involved in Crime No. 64/2026
registered at Police Station Dongargarh, District Rajnandgaon
(C.G.), for the offence punishable under Section 34(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 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 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.
9. 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
Akhil
