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Chattisgarh High Court
Ashish Gritlahare vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13792
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 2722 of 2026
MUDALIAR
Ashish Gritlahare S/o Vijay Gritlahare Aged About 20 Years R/o Bhagat
Digitally signed by
GOURI
MUDALIAR Singh Ward Bhatapara P.S. Bhatapara Gramin Distt Baloda-Bazar-
Date: 2026.03.24
11:14:02 +0530
Bhatapara Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Bhatapara Gramin, District Baloda-Bazar-Bhatapara Chhattisgarh
... Respondent
For Applicant : Shri Vijay Shankar Mishra, Advocate.
For : Ms. Sameeksha Gupta, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
23/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No.772/2025 registered at Police Station
Bhatapara Gramin, District Baloda-Bazar-Bhatapara (C.G.) for the
offence punishable under Section 34 (2) of Excise Act & section
111 of BNS Act.
2. Case of the prosecution, in brief, is that on 7.12.2025 police
received secret information that near Samudaik Bhawan at
Khamirya Highway some persons in white coloured scooty Jupiter
bearing no Cg-04-Nt-2697 were carrying goods in 4 bags which
were stopped on asking name of the driver he told his name is
Pankaj Dahariya and person sitting behind told that my name is
Ashish Ghrithlahre resident of Village Bhatapara Bhagat Singh
Ward on searching the bag kept in the Jupiter scooter huge
quantity of liquor was found hence the accused Pankaj Dahariya
and Ashish Ghrithlahre were arrested and during interrogation
memorandum statement of Pankaj Dhariya and Ashish
Ghrithlahre was taken and total 74.520 Bulk litre was seized from
the both the accused persons. Hence the present bail application.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and 74.520 bulk liters of liquor
was not seized from the exclusive possession of the applicant. He
further submits that under Section 34(2) of the C.G. Excise Act.
minimum punishment is one year and maximum punishment is
three years. He would submit that co-accused Pankaj Dahariya
has been granted bail by this Court in MCRC No.1850/2026 on
23/02/2026. He also submits that charge sheet has been filed, the
applicant is in jail since 11/12/2025 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. Learned counsel for the State/non-applicant would oppose the bail
application but she do not dispute the fact that the co-accused has
been granted bail by this court. She would submit that the
applicant has no criminal antecedents. She further submits that
74.520 bulk liters of liquor was recovered from the possession of
the applicant and co-accused, therefore, he is not entitled for
grant of bail.
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,
further the fact that co-accused Pankaj Dahariya has been
granted bail by this Court in MCRC No.1850/2026 on 23/02/2026,
applicant is in jail since 11/12/2025, he has no criminal
antecedents, charge-sheet has been filed and further the
conclusion of the trial may take some more time, therefore 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 and it is directed that
the applicant - Ashish Gritlahare, involved in Crime No.772/2025
registered at Police Station Bhatapara Gramin, District Baloda-
Bazar-Bhatapara (C.G.) for the offence punishable under Section
34 (2) of Excise Act & section 111 of BNS 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 for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
gouri
