[Cites 4, Cited by 0]
Chattisgarh High Court
Parkhit Chouhan vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12535
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1229 of 2026
Parkhit Chouhan S/o Late Kiritram Aged About 48 Years R/o Village
Jogideepa (Mundha) Police Station Saraipali, District- Mahasamund (C.G.)
... Applicant
VAIBHAV
SINGH
versus
Digitally signed by
VAIBHAV SINGH
Date: 2026.03.16
17:38:53 +0530
State Of Chhattisgarh Through Police Station Saraipali, District-
Mahasamund (C.G.) ...Non-applicant
For Applicant : Mr. Kishore Narayan, Advocate.
For Non-applicant/State : Ms. Smriti Shirvastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
16.03.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No. 339 of
2025 registered at Police Station - Saraipali, District - Mahasamund
(C.G.), for the offences punishable under Sections 34(2) of the C.G.
Excise Act.
2. Case of the prosecution, in brief, is that on 21.12.2025, during
patrolling, the police allegedly recovered approximately 23 liters of
hand-made country liquor (Mahua liquor) from the possession of the
applicant, including about 20 liters in a That, the present applicant is
innocent and he has falsely been implicated in the case and false
seizure memo has been prepared with regard to alleged seizure of
liquor.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
submitted that the applicant is a poor labourer and the sole bread
earner of his family and his continued incarceration would cause
severe financial hardship to his family. The applicant is a permanent
resident of the address mentioned in the cause title and has deep
roots in society, with movable and immovable properties there,
therefore there is no likelihood of his absconding or tampering with the
prosecution evidence. The applicant is in judicial custody since
21.12.2025. It is further submitted that the maximum punishment
under Section 34(2) of the Chhattisgarh Excise Act is three years and
the alleged offence is triable by the Judicial Magistrate First Class.
The police have not followed the guidelines for arrest as laid down by
the Hon'ble Supreme Court in Banti Singh vs. State of Chhattisgarh,
Arnesh Kumar vs. State of Bihar, Satender Kumar Antil vs. CBI, and
Md. Asfak Alam vs. State of Jharkhand (Criminal Appeal No.
2207/2023, decided on 31.07.2023). Considering that the trial is likely
to take considerable time and continued detention would amount to
pre-trial punishment, the applicant deserves to be released on bail.
The applicant undertakes to furnish adequate surety and to abide by
all the conditions and directions that may be imposed by this Hon'ble
Court while granting bail, and craves leave to raise additional grounds
at the time of hearing of the present bail application.
4. On the other hand, learned State Counsel opposes the bail application
of the present applicant.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the overall facts and circumstances of the case, the
nature and gravity of the allegations levelled against the applicant,
and further taking into account that the charge-sheet has already been
submitted before the competent Court and and applicant has no
criminal antecedent and that the applicant has remained in jail since
21.12.2025, and the conclusion of the trial is likely to take some time,
this Court is inclined to grant regular bail to the present applicant.
7. Let the Applicant - Parkhit Chouhan, involved in Crime No. 339 of
2025 registered at Police Station - Saraipali, District - Mahasamund
(C.G.), for the offences punishable under Sections 34(2) of the C.G.
Excise Act, be released on bail on his furnishing personal bond with
two local 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 his 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
Vaibhav
