[Cites 3, Cited by 0]
Chattisgarh High Court
Gopi Singh Pawle vs State Of Chhattisgarh on 9 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
2026:CGHC:16426
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1359 of 2026
Gopi Singh Pawle S/o Sanjay Pawle Aged About 21 Years R/o Shankar Nagar
Kharmora, Tahsil and District - Korba, C.G.
... Applicant
versus
State of Chhattisgarh Through The Station House Officer, Police of Police
Station Civil Line, Rampur, District - Korba, C.G.
... Non-Applicant
For Applicant : Mr. Anil Kumar Gulati, Advocate.
For Non-Applicant/State : Ms. Smriti Shirvastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
Digitally
signed by
09.04.2026
PREETI
PREETI KUMARI
KUMARI Date: 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik
2026.04.10
16:48:31
+0530
Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has
been arrested in connection with Crime No. 06/2026 registered at Police
Station- Civil Line, Rampur, District - Korba (C.G.), for the offence
punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. As per the brief facts of the prosecution case, on 04.01.2026, the police
officers of the concerned Police Station received certain information.
Acting upon the said information, the police conducted a raid, during
which 30 liters of Mahua liquor was allegedly seized from the possession
of the applicant. Consequently, the applicant was arrested for the
commission of the alleged offences.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in this case. He further submits that the applicant has
one previous criminal antecedent under Section 20(B) of the NDPS Act
which is pending. The same has been explained in paragraph No. 4(A) of
this bail application. He also submits that the charge-sheet has been filed
in the present case and the applicant is in jail since 04.01.2026. It is
further argued by him that under Section 34(2) of the C.G. Excise Act,
minimum punishment is one year and maximum punishment is three years
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 opposes the bail application.
He further submits that the charge-sheet has been filed. She has further
submitted that the applicant has one previous criminal antecedent under
the NDPS Act, therefore, he 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 one previous criminal antecedent under the NDPS Act,
which is pending, the charge-sheet has been filed and he is in jail since
04.01.2026. Further, the conclusion of the trial may take some more time,
this Court is of the view that the applicant is entitled to be released on bail
in this case.
7. Accordingly, the bail application is allowed. Let the applicant -
Gopi Singh Pawle, involved in Crime No. 06/2026 registered at Police
Station- Civil Line, Rampur, District - Korba (C.G.), for the offence
punishable under Sections 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
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 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 him, 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 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 for
necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti
