[Cites 1, Cited by 0]
Chattisgarh High Court
Devprakash Chouhan vs State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11943
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1170 of 2026
Devprakash Chouhan S/o Rajendra Chouhan, Aged About 21 Years, R/o Village
Baradoli, P.S. - Saraipali, District - Mahasamund.
... Applicant
versus
State of Chhattisgarh Through The Station House Officer P.S. Saraipali, District
- Mahasamund, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Gagan Pandey, Advocate.
For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer.
Digitally
signed by
PREETI
PREETI KUMARI
KUMARI Date:
2026.03.13
Hon'ble Shri Ramesh Sinha, Chief Justice
12:42:12
+0530
Order on Board
12.03.2026
1.
This is the first bail application filed under Section 483 of Bharatiya Nagrik
Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has
been arrested in connection with Crime No.351/2025 registered at Police
Station - Saraipali, District - Mahasamund (C.G.), for the offence
punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. As per the prosecution story, in brief, on 30.12.2025, based on
information given by the informant, the police seized a total of 25 bulk
litres of handmade Mahuwa liquor from the present applicant, who was
allegedly selling it near a canal in Village Baradoli. Consequently, the
police lodged an F.I.R. against the applicant for the offence punishable
under Section 34(2) of the Chhattisgarh Excise Act.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in this case. He further submits that the
alleged liquor has not been recovered from exclusive possession of the
applicant. He also submits that the applicant has no previous criminal
antecedents. He later submits that the charge-sheet has been filed in the
present case and the applicant is in jail since 31.12.2025. 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. On the other hand, learned counsel appearing 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 also
endorse the fact that the applicant has no previous criminal antecedents.
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 previous criminal antecedents, further the charge-sheet
has been filed and he is in jail since 31.12.2025. 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 -
Devprakash Chouhan, involved in Crime No.351/2025 registered at
Police Station- Saraipali, District - Mahasamund (C.G.), for the offence
punishable under Section 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 are 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
