[Cites 4, Cited by 0]
Chattisgarh High Court
Ashish Singh vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally
signed by
2026:CGHC:13771
VAISHALI
VAISHALI LUCKY
LUCKY NAGARIA NAFR
NAGARIA Date:
2026.03.24
17:17:56
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1228 of 2026
• Ashish Singh S/o Sujan Singh Aged About 30 Years R/o- Plot No. 1,
House No. 09, Priyadarshini Complex, Supela, Police Station Supela,
Durg, District Durg C.G. (Details Of Applicant Properly Not
Mentioned In First Page Of Impugned Order Sheet And Correct
Details Is Mentioned As Per Cause Tittle Of Impugned Order Sheet)
... Applicant(s)
versus
• State of Chhattisgarh Through S H O Police Station- Excise Circle
Bhilai- 02, District Durg C.G. (Details Of Applicant Properly Not
Mentioned In First Page Of Impugned Order Sheet And Correct
Details Is Mentioned As Per Cause Tittle Of Impugned Order Sheet)
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. T.K.Jha, Advocate
For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
23.03.2026
1. The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
306/2026, registered at Police Station - Excise Circle Bhilai-02,
District - Durg (C.G.) for the offence punishable under Section 34(2),
36, 59(A) of C.G. Excise Act.
2. The case of the prosecution, is that alleged that a secret information
was received on 12.01.2026 that the present applicant was in
possession of illegal liquor then on the basis of above information the
concerned police station stated searching and in the place of
incident, 23 bottles of Royal Stage Whisky (Sale only in Haryana) of
750 ml capacity each were found in the trunk of the vehicle Red Swift
Car No. CG/04/H/8637 of present applicant. Total quantity 17.250
bulk litres and on in searching the house, 02 bottles of Royal
Challenge Whisky, 11 bottles of Jagger Master Whisky, 06 bottles of
Glenfiddich Whisky, 12 bottles of Black Label Whisky, 06 bottles of
Red Label Whisky, 12 bottles of Balentine Whisky, 12 bottles of
Signature Whisky, 04 bottles of Blonde Whisky, 02 bottles of Black &
White Whisky, 12 bottles of Blender's Pride Whisky, Rock Ford
Whisky 04 pieces, Smirnoff of Jamun Whisky 10 pieces, Kashmir
Whisky 12 pieces, Bacardi Lemon Whisky 12 pieces, Jameson
Whisky 22 pieces, Absolute Vodka Whisky 05 pieces (each capacity
750 ml) non- duty paid liquor quantity 108 bulk litres, Total 125.25
bulk liters total worth Rs 3,74,000/- were recovered and seized_from
the possession of applicant therefore the above offence has been
registered against. Hence this bail application.
3. It is argued by the learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case and
there is no criminal antecedents registered against the present
applicant. 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 12.01.2026
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 applicant, and the charge-sheet has
been filed in this case. It is further submitted that a total of 125.25
bulk liters total worth Rs 3,74,000/- has been seized from the
possession of the present applicant, therefore, he is 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 applicant, charge-sheet has been filed against the applicant
and he is in jail since 12.01.2026 and conclusion of the trial is likely
to take some time, I am inclined to allow this application.
7. Let applicant, Ashish Singh, involved in Crime No.306/2026,
registered at Police Station - Excise Circle Bhilai-02, District - Durg
(C.G.) for the offence punishable under Section 34(2), 36, 59(A) 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
