MCRC/9308/2026 of MOHD. KALEEM Vs STATE OF CHHATTISGARH on 15 October 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.104/2026 registered at Police Station Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 34(2), 35, 49(b)(c) of the Chhattisgarh Excise Act and Sections 274, 275, 347 of the Bhartiya Nyay Sanhita, 2023 (for short, the BNS).

2. As per the case of the prosecution, on the basis of secret information received during patrolling, the police of Police Station Komakhan apprehended the co-accused persons, namely, Loknath Kumar Noniya

@ Lucky, Upendra Kumar Singh, Ranjeet Singh, Nathuni Prajapati, Ashish Jangde and Rohit Sahu for their involvement in manufacturing and adulterating liquor at village Bhilai Dadar and recovered large quantity of English liquor from their possession. The present applicant was also arrested on the basis of memorandum statement of other co- accused persons. The allegation against the present applicant is that he assisted the co-accused persons in adulterating liquor Thereafter, the police registered the offence as stated above, against the applicant.

3. Learned Counsel for the applicant would submit that the present applicant has falsely been implicated in this case and no such liquor was seized from the present applicant. It is further argued by him that the present applicant has no criminal antecedents; charge-sheet has already been filed; the present applicant is in jail since 05.08.2026 and conclusion of the trial is likely to take some considerable time. Therefore, he would pray for grant of regular bail to the applicant.

4. On the other hand, learned counsel for the State would oppose the bail application and submit that the present applicant is one of accused persons and there is serious allegations against him that he assisted the co-accused persons in adulterating the liquor, therefore, he is not entitled for grant of regular bail in the present case.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Having considered the fact that the applicant has no criminal antecedents; his name surfaced in the memorandum statement of Upendra Kumar Singh; charge-sheet has already been filed; applicant

is in jail since 05.08.2026 and conclusion of the trial may take some more time, without making any observation on merits of the matter, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. It is directed that the applicant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, &

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

8. The observation made herein above is for the purpose of deciding this bail application only and the trial Court shall decide the case on its own merits. Sd/-

(Rakesh Mohan Pandey)

JUDGE Anjani