Ram Gopal Kenwat vs State Of Chhattisgarh
2026 Latest Caselaw 357 Chatt

Chattisgarh High Court

Ram Gopal Kenwat vs State Of Chhattisgarh on 11 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                        1




                                                                     2026:CGHC:11718
                                                                                     NAFR

                              HIGH COURT OF CHHATTISGARH AT BILASPUR


                                             MCRC No. 2272 of 2026


                     Ram Gopal Kenwat S/o Manharan Kenwat Aged About 47 Years R/o
                     Village Ward No. 20, Bade Ameri, Kotmi Sonar, P.S. Akaltara, Distt.
                     Janjgir Champa, Chhattisgarh.
                                                                            ... Applicant(s)


                                                     versus


AKHILESH
KUMAR
         Digitally
         signed by
         AKHILESH
                     State Of Chhattisgarh Through Excise Circle Akaltara, Distt. Janjgir
DEWANGAN KUMAR
         DEWANGAN



                     Champa, Chhattisgarh.
                                                                          ... Respondent(s)

For Applicant(s) : Mr. Chandra Prakash Lahrey, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2026

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. 35/2026 registered at Police Station

Akaltara, Distt. Janjgir Champa (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 17.01.2026, as per

secret information received from the informant, the Police of

Akaltara, Distt. Janjgir Champa Police Station seized 30 bulk liter

of country made (Mahua) liquor from the possession of the

applicant, which led to the registration of alleged offence against

the applicant and subsequently, the applicant was arrested.

Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant has

been falsely implicated in this case and 30 bulk liters of 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 the applicant has

no criminal antecedent, the applicant is in jail since 17.01.2026

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 no

criminal antecedent. She further submits that 30 bulk liters of the

country made liquor was recovered from the possession of the

applicant, 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 no criminal antecedent, he is in jail

since 17.01.2026 and the charge-sheet has been filed, 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 - Ram Gopal Kenwat, involved in Crime No.

35/2026 registered at Police Station Akaltara, Distt. Janjgir

Champa (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