[Cites 2, Cited by 0]
Chattisgarh High Court
Salman Khan vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16694
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1408 of 2026
Salman Khan S/o Late Nazir Khan Aged About 32 Years R/o Near High,
School Water Tank, Awaspara, Sirgitti, District- Bilaspur (C.G.)
... Applicant
versus
State of Chhattisgarh Through- Police Station- Sirgitti, District- Bilaspur
(C.G.)
... Non-applicant
For Applicant : Mr. Sourabh Sonwani, Advocate.
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10.04.2026
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.
43/2026, registered at Police Station Sirgitti, District- Bilaspur,
(C.G.) for the offence punishable under Section 34(2) of the C.G.
Excise Act.
2. The case of the prosecution, in brief, is that the police of Police
Station Sirgitti, District- Bilaspur, (C.G.), received an information
from the informant and on the basis of the said information
RAHUL
DEWANGAN
Digitally
signed by
RAHUL
DEWANGAN
conducted a raid and seized total 6.300 bulk liters of country made
liquor and Rs. 3100/- from the possession of the present applicant.
Thereafter, Police has registered an offence punishable under
Section 34(2) of the C.G. Excise Act against the present applicant.
3. It is argued by the learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case.
He further submits that under Section 34(2) of the Excise Act,
minimum punishment is one year and maximum punishment is three
years. He submits that though the present applicant has one
criminal antecedent of the BNS, but he has no criminal antecedents
of the similar nature. He also submits that the charge-sheet has
been filed before the competent Court, and the applicant is in jail
since 19.01.2026 and the trial is likely to take some time for its
conclusion, therefore, he prays grant of bail to the applicant.
4. On the other hand, the learned State counsel opposes the bail
application and submits that the charge-sheet has already been
filed before the competent Court. She also submits that from the
possession of the present applicant total 6.300 bulk liters of country
made liquor and Rs. 3100/- was seized and one previous criminal
antecedent. Therefore, he is not entitled for grant of bail.
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,
nature and gravity of allegation levelled against the applicant and
the fact that though the present applicant has one criminal
antecedent of the BNS, but he has no criminal antecedents of the
similar nature, the charge-sheet has been filed before the
competent Court and he is in jail since 19.01.2026 and conclusion
of the trial is likely to take some time, therefore, I am inclined to
grant regular bail to the present applicant.
7. Accordingly, the bail application of the applicant is allowed. Let the
applicant, Salman Khan, involved in Crime No. 43/2026,
registered at Police Station Sirgitti, District- Bilaspur, (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 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
Rahul Dewangan
