Chhattisgarh High Court
Vijay Kumar Kashyap v. State of Chhattisgarh
2026:CGHC:38390 · MCRC/6925/2026
- Decision date
- 2026-08-30
- Text availability
- Full text
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Judgment text
1 CGHC010290782026 2026:CGHC:38390 NIKITA JAIN NAFR Digitally signed by NIKITA JAIN Date: 2026.08.31 17:35:58 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 MCRC No. 6925 of 2026 1 - Vijay Kumar Kashyap S/o Tekram Kashyap Aged About 30 Years R/o Village Podibhatha, Akaltara, P.S. Akaltara, District- Janjgir- Champa (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Akaltara, District- Janjgir- Champa (C.G.) ...Non-applicant For Applicant : Shri Sameer Rigri, Advocate. For State/Non-applicant : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.361/2026 registered at Police Station Akaltara, District Janjgir-Champa (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2
2. Case of the prosecution, in brief, is thaton 25.06.2026, during patrolling, the police received information from an informer regarding the illegal possession of liquor by the applicant/accused. Acting upon the said information, the Head Constable conducted a search of the applicant near Podibhatha Road, Akaltara, in the vicinity of the railway station. During the search, the applicant was allegedly found in possession of 06 litres of hand-brewed raw Mahua liquor, comprising 05 litres kept in a five-litre water bottle and 01 litre contained in five pouches of 200 ml each. The alleged liquor was seized from the possession of the applicant in accordance with the prescribed procedure. Accordingly, an FIR has been registered against the present applicant for the commission of the alleged offence.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 06 litres of hand-brewed raw Mahua liquor was not seized from the exclusive possession of the applicant. He also submits that the applicant has eight criminal antecedents, three cases relate to offences under the Excise Act and all those cases have already been disposed of. It is submitted that only one case registered under the Arms Act is presently pending, while the remaining cases do not constitute any impediment to grant of bail in the present matter. The applicant is in jail since 25.06.2026 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 and submits that the applicant has eight criminal antecedents, three cases relate to offences under the Excise Act. She 3 further submits that 06 litres of hand-brewed raw Mahua liquor was recovered from the possession of the applicant, 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 and the fact that the applicant has three criminal antecedents relate to offences under the Excise Act, he is in jail since 25.06.2026 and, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the applicant – Vijay Kumar Kashyap, involved in Crime No.361/2026 registered at Police Station Akaltara, District Janjgir-Champa (C.G.), for the offence punishable under Sections 34(2) of the 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 4 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 Nikita