MCRC/9040/2026 of RAMA GOND Vs STATE OF CHHATTISGARH on 11 October 2026

1. This is the applicant's second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail. The applicant is in custody in connection with Crime No. 260/2026, registered at Police Station – Pachpedi, District Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The applicant’s first bail application was dismissed as withdrawn vide order dated 16.09.2026 passed in M.Cr.C. No. 8590 of 2026.

3. The case of the prosecution, in brief, is that acting upon secret information, the police seized and recovered 20 bulk litres of illicit country-made liquor from the possession of the applicant.

4. Learned counsel appearing for the applicant submits that though there are two criminal antecedents of a similar nature registered against the applicant, he has already been acquitted in both cases by the competent criminal court. It is further submitted that the investigation is complete, the charge-sheet has already been filed, and the applicant has been in jail since 29.08.2026. Further, the conclusion of the trial is likely to take some time; therefore, the applicant may be released on bail.

5. On the other hand, learned counsel appearing for the State opposes the bail application and submits that the applicant was found in illegal possession of contraband liquor and he is habitual offender; thus, he may not be released on bail.

6. Heard learned counsel for the parties and perused the case diary.

7. Having considered the rival submissions, the quantity of liquor seized (20 bulk litres), the fact that the charge-sheet has already been filed, that the applicant has already been acquitted in the previous two cases, and that he has been in custody since 29.08.2026, without commenting on the merits of the case, this Court is inclined to release the applicant on regular bail. Accordingly, the bail application is allowed.

8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on 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, and

(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.

9. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/-

Rakesh Mohan Pandey

JUDGE Nadim