[Cites 3, Cited by 0]
Chattisgarh High Court
Jalandhar Nag vs State Of Chhattisgarh on 20 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:17911
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3568 of 2026
Jalandhar Nag S/o Shri Dayanidhi Nag Aged About 50 Years R/o Ward No. 14,
Potarpara Bagbahra, P.S. And Tahsil Bagbahra, Distt. Mahasamund,
Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, P.S. Komakhan, Distt.
Mahasamund, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Shashwat Namdeo, Advocate.
Digitally signed
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
by ABHISHEK
SHRIVAS
ABHISHEK
Date:
SHRIVAS
Hon'ble Shri Ramesh Sinha, Chief Justice
2026.04.21
11:35:37
+0530
Order on Board
20.04.2026
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. 14/2026,
registered at Police Station Komakhan, District - Mahasamund (C.G.) for
the offence punishable under Section 34(2) of the C.G. Excise Act.
2. As per the brief facts of the prosecution case, on the basis of information
received from an informer, the police staff of Police Station Komakhan
seized 9.00 bulk liters of plain country-made liquor from the possession
of the applicant and the co-accused, who were allegedly carrying the
liquor on a motorcycle. On the basis of a false seizure memo, the police
registered a case under Section 34(2) of the CG Excise Act against the
applicant and the co-accused and arrested them.
3. It is argued by the learned counsel for the applicant that the applicant is
falsely implicated in this case. He also submits that the present applicant
has no criminal antecedents and the charge-sheet has already been
submitted before the competent Court in the present case. He further
submits that under Section 34(2) of the Excise Act, minimum punishment
is one year and maximum punishment is three years, and the applicant is
in jail since 27.01.2026, the trial is likely to take some time for its
conclusion, therefore, he prays for grant of regular bail to the present
applicant.
4. On the other hand, the learned State counsel opposes the bail
application and also endorse the submissions made by the learned
counsel for the applicant that the present applicant has no criminal
antecedents and submits that the charge-sheet has already been filed
before the competent Court.
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, the
nature and gravity of the allegations levelled against the applicant, and
the fact that the applicant has no criminal antecedents, as reflected in
paragraph 4(a) of the bail application and further considering that the
charge-sheet has been filed before the competent Court, the applicant
has been in jail since 27.01.2026, the conclusion of the trial is likely to
take some time, therefore, I am inclined to grant regular bail to the
present applicant.
7. Let applicant, Jalandhar Nag, involved in Crime No. 14/2026, registered
at Police Station Komakhan, District - Mahasamund (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
Abhishek
