[Cites 2, Cited by 0]
Chattisgarh High Court
Shankar Kahar vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12734
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1592 of 2026
Shankar Kahar S/o Krishna Kahar Aged About 35 Years R/o Gandhi Nagar,
Ratanpur Police Station Ratanpur, District- Bilaspur (C.G.) ... Applicant
VAIBHAV
SINGH
Digitally signed by
versus
VAIBHAV SINGH
State Of Chhattisgarh Through- Station House Officer, Police Station-
Date: 2026.03.18
11:16:55 +0530
Ratanpur, District- Bilaspur (C.G.) ... Non-applicant
For Applicant : Mr. Ravi Kumar Banjare , Advocate.
For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
1.
This is the First Bail Application under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has
been arrested in connection with Crime No. 18/2026, registered at
Police Station - Ratanpur, District - Bilaspur (C.G.) for the offence
punishable under Sections 34(2) of the C.G. Excise Act.
2. The prosecution's story in brief is that, on 03.08.2025 basis of the
information received the Police Authorities conducted search of
applicant on road wherein they have seized 62.5 Litre Mahua Hand
Made Liquor from Applicant, and registered a case against the present
applicant for the offences punishable under Section 34(2) and 59(a) of
Chhattisgarh Excise Act under crime no. 299/2025 in police station
Shivrinarayan, Dist- Janjgir-Champa (C.G.).
3. Learned counsel for the applicant submits that applicant has been
falsely implicated in the present case. He further submits that on the
basis of suspicion and the information of an informer, without any
independent witness supporting the prosecution version. The learned
Trial Court failed to appreciate that a false First Information Report
has been lodged against the present applicant. The seized goods are
unclaimed, and the ownership or conscious possession of the
applicant/accused has not been established. No seizure has been
made from the applicant, and the police, by exerting undue pressure,
compelled him to sign the seizure documents. The applicant's arrest is
solely based on the information given by the informant, without any
corroborative evidence. The applicant has been in jail since
03.08.2025, therefore, he prays for grant of regular bail to the present
applicant.
4. On the other hand, the learned State Counsel opposes the bail
application and submits that the charge-sheet has already been filed
against the applicant and that the applicant has one criminal
antecedents, therefore, he is not entitled to the grant of regular bail.
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 the applicant has remained
in jail since 09.01.2026, 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 applicant, Shankar Kahar, involved in Crime No.18/2026,
registered at Police Station - Ratanpur, District - Bilaspur (C.G.) for the
offence punishable under Sections 34(2) of the C.G. Excise Act, be
released on bail on 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 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 provide a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav
