[Cites 4, Cited by 0]
Chattisgarh High Court
Deepak Karava vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16988
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1687 of 2026
MUDALIAR
Deepak Karava S/o Fakira Krava, Aged About 28 Years R/o B.S.U.P. Colony,
Digitally signed
by GOURI Amlihdih, Thana- New Rajendra Nagar, District Raipur (C.G.)
MUDALIAR
Date: 2026.04.15
10:59:55 +0530
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, New Rajendra Nagar,
Raipur, District Raipur C.G.
... Respondent
For Applicant : Shri Anjay Mishra, Advocate.
For : Ms. Monika Thakur, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13/04/2026
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.52/2026 registered at Police Station New Rajendra Nagar, Raipur
for the offence punishable under Section 34 (2) of C.G. Excise Act,
2015.
2. Case of the prosecution, in brief, is that On 02.02.2026, during
patrolling, the police of Police Station New Rajendra Nagar, Raipur,
received secret information that a persons standing near Medisai
Hospital, Amlidih, was illegally possessing and attempting to sell liquor.
Acting upon the information, the police reached the spot along with
witnesses and apprehended the accused, who disclosed his name as
Deepak Karwa. On search, 34 quarters of country-made liquor (total
6.120 bulk liters), valued at Rs.3,400, were recovered from his
possession without any valid license or documents. The liquor was
seized in accordance with law, and the accused was arrested.
Accordingly, Crime No. 52/26 was registered against him under Section
34(2) of the Excise Act at Police Station New Rajendra Nagar, District
Raipur (C.G.).
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in this case and 6.120 bulk liters country-made 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 applicant is in jail since 02/02/2026 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, one case is under the NDPS Act and the other
case is under the Arms Act. She further submits that 6.120 bulk liters
country-made liquor was recovered from the possession of the
applicant, 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, he is in
jail since 02/02/2026, applicant has two criminal antecedents, out of
which, one case is under the NDPS Act and the other case is under the
Arms Act, charge-sheet has been filed & further the conclusion of trial
may take some more time, therefore 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 and it is directed that the
applicant - Deepak Karava, involved in Crime No.52/2026 registered
at Police Station New Rajendra Nagar, Raipur for the offence
punishable under Section 34 (2) of C.G. Excise Act, 2015, 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.
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
gouri
