Umesh Sidar vs State Of Chhattisgarh
2026 Latest Caselaw 415 Chatt

Chattisgarh High Court

Umesh Sidar vs State Of Chhattisgarh on 12 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                      1




                                                                    2026:CGHC:11917

         Digitally
                                                                                  NAFR
         signed by
         VAISHALI

                            HIGH COURT OF CHHATTISGARH AT BILASPUR
VAISHALI LUCKY
LUCKY    NAGARIA
NAGARIA Date:
         2026.03.13
         14:42:28
         +0530

                                            MCRC No. 1257 of 2026
              1 - Umesh Sidar S/o Mohan Sidar Aged About 25 Years R/o Village-
              Dumarpali, Police Station- Pithora, Tahsil- Pithora, District- Mahasamund
              C.G.
              2 - Chhabi Sidar S/o Mohit Sidar Aged About 21 Years R/o Village-
              Dumarpali, Police Station- Pithora, Tahsil- Pithora, District- Mahasamund
              C.G.
                                                                           ... Applicant(s)
                                                   versus
              1 - State Of Chhattisgarh Through Station House Officer, Police Station-
              Pithora, District- Mahasamund C.G.
                                                                         ... Respondent(s)

(Cause title is taken from Case Information System)

For Applicant(s) : Mr. Sheshav Shekhar Barik, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

12.03.2026

1. The applicants have preferred this First Bail Application under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for

grant of regular bail, as they have been arrested in connection with

Crime No. 17/2026, registered at Police Station - Pithora, District -

Mahasamund (C.G.) for the offence punishable under Section 34(2)

of C.G. Excise Act.

2. The case of the prosecution, is that the Police of Police Station -

Pithora, District - Mahasamund (C.G.) has received a secret

information through the informant and on the basis of such

information the Police has seized a total of 40 liters of Mahua liquor

from the possession of the present applicant. Thereafter, the

applicant has been arrested by the Police and the offence was

registered.

3. It is argued by the learned counsel for the applicants that the

applicants are innocent and have been falsely implicated in this case

and there is no criminal antecedents registered against the present

applicants. It is further submitted that the charge-sheet has been

filed 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. The applicant is in jail since 15.01.2026

and trial is likely to take some time for its conclusion, therefore, he

prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail

application and submits that there is no criminal antecedents

registered against the present applicants, and the charge-sheet has

been filed in this case. It is further submitted that a total of 40 liters

of Mahua liquor has been seized from the possession of the present

applicants, therefore, they are not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the

documents available on record.

6. Taking into consideration the facts and circumstances of the case,

nature and gravity of allegation levelled against the applicant and the

fact that there is no any criminal antecedents registered against the

present applicants, charge-sheet has been filed against the

applicants and they are in jail since 15.01.2026 and conclusion of

the trial is likely to take some time, I am inclined to allow this

application.

7. Let applicant No.1 Umesh Sidar and applicant No.2 - Chhabi Sidar

involved in Crime No.17/2026, registered at Police Station - Pithora,

District - Mahasamund (C.G.) for the offence punishable under

Section 34(2) of 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.

8. Office is directed to send a certified copy of this order to the trial

Court concerned for necessary information and compliance forthwith.

Sd/-

(Ramesh Sinha) Chief Justice

Vaishali