[Cites 1, Cited by 0]
Chattisgarh High Court
Rakesh Anand vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12519
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1176 of 2026
Rakesh Anand S/o Late Rajesh Anand Aged About 40 Years R/o Darrikapa,
P.S. Kota, Distt. Bilaspur, Chhattisgarh. ... Applicant
versus
VAIBHAV
SINGH
State Of Chhattisgarh Through P.S. Kota, Distt. Bilaspur, Chhattisgarh.
Digitally signed by
VAIBHAV SINGH ... Non-applicant
Date: 2026.03.16
17:38:54 +0530
For Applicant : None.
For Non-Applicant : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16.03.2026
1.
None appears nor is any representation made on behalf of the
applicant to press this bail application when the case is called out.
2. It transpires from the record that the applicant is in jail since
03.12.2025. Hence, the Court proceeds to consider and hear the bail
application of the applicant with the assistance of the State counsel.
3. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
1102/2025 registered at Police Station Kota, District - Bilaspur, (C.G.)
for the offence punishable under Section 34(2) of the Excise Act.
4. The case of the prosecution, in brief, is that the applicant/accused was
found in possession of illicit liquor. During the course of investigation,
it was alleged that the applicant had concealed raw Mahua liquor in
the grass and bushes near the edge of the Nahani pond situated
behind his house. Upon search, the police recovered about 10 liters of
hand-made raw Mahua liquor kept in a white plastic container of about
15 liters capacity. The total value of the seized liquor was assessed at
approximately Rs. 8,000/-. The applicant/accused failed to produce
any valid license or document regarding the possession or sale of the
said liquor. Consequently, a notice under Section 94 of the B.N.S.S.
was served upon him and the contraband liquor was seized from his
possession.
5. On the other hand, the learned State Counsel opposes the bail
application and submits that during the course of investigation the
applicant was found in possession of illicit liquor. It is alleged that the
applicant had concealed raw Mahua liquor in the grass and bushes
near the edge of the Nahani pond situated behind his house. During
the search, the police recovered about 10 liters of hand-made raw
Mahua liquor kept in a white plastic container of about 15 liters
capacity, the total value of which was assessed at approximately Rs.
8,000/-. The applicant failed to produce any valid license or document
regarding the possession or sale of the said liquor, and therefore an
offence has been registered against him. Hence, the applicant is not
entitled to be released on bail in the present case.
6. I have heard learned State counsel and perused the case diary.
7. Considering the facts and circumstances of the case, the nature and
gravity of the offence levelled against the present applicant, and also
taking into account that the applicant has no criminal antecedent, that
the charge-sheet has been filed before the competent Court, and the
applicant has been in jail since 03.12.2025, and that the conclusion of
the trial may take some more time, this Court is of the considered
opinion that the applicant is entitled to be released on bail in the
present case.
8. Let the Applicant - Rakesh Anand, involved in Crime No. 1102/2025
registered at Police Station Kota, District - Bilaspur, (C.G.) for the
offence punishable under Section 34(2) of the Excise Act, be released
on bail on his 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.
9. 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
