ESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN v. The State Of Chhattisgarh Through Station House Officer, Police
Case Details
1 2025:CGHC:4719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 734 of 2025 Dharmendra Sulakhe S/o. Shri Sampat Sulakhe Aged About 32 Years R/o. Village- Savli, Post Purada, Thana - Salhekasa District - Gondiya (Maharashtra) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN ... Applicant(s) versus The State Of Chhattisgarh Through Station House Officer, Police Station- Chhuriya, District - Rajnandgaon (C.G.) ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. Anuj Kumar Pandey, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2025 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. 217/2024 registered at Police Station Chhuriya, District - Rajnandgaon (C.G.), for the offences 2 punishable under Section 281 of Bharatiya Nyaya Sanhita (for short ‘BNS’), 34(2) & 36 of C.G. Excise Act and Sections 3/181, 5/180, 50, 39/177 of Motor Vehicle Act (for short ‘M.V. Act’) 2. Case of the prosecution, in brief, is that on August 16, 2024, a mobile tip was received that a vehicle bearing registration No. MH- 01-PA-6675, a Tata Indigo, was carrying liquor and would be passing through Shikarimahka Bhola bridge. To verify this information, witnesses were notified and asked to co-operate, and a tip was prepared. An attempt was made to stop the vehicle near Shikari Mahka Chowk, but it sped away towards Bhola bridge. The vehicle was later found to have crashed into a field in Gram Gahira Bhendi, owned by Poshan Das Sahu. Witnesses Poshan Das Sahu and Budhram Pujeri were present at the scene and were informed about the incident and the tip. They were asked to participate in the raid and search of the vehicle. During the search, four plastic bags containing 60 pouches each of premium deluxe super orange liquor, totaling 240 pouches, were found in the trunk of the vehicle. Each pouch contained 180 ml of liquor, and the total quantity was 43.200 bulk liters, worth Rs. 16,800. The liquor and the vehicle, worth Rs. 3,00,000, were seized in the presence of witnesses, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 43.200 bulk liters of illicit 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 3 punishment is three years. He also submits that the applicant has no criminal antecedent, the applicant is in jail since 24.10.2024 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 submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He further submits that 43.200 bulk liters of illicit 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 no criminal antecedent, he is in jail since 24.10.2024 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant - Dharmendra Sulakhe, involved in Crime No. 217/2024 registered at Police Station Chhuriya, District - Rajnandgaon (C.G.), for the offences punishable under Section 281 of BNS, 34(2) & 36 of C.G. Excise Act and Sections 3/181, 5/180, 50, 39/177 of M.V. Act, be released on bail on his furnishing a 4 personal bond with two local 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 sufÏcient 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 5 opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Akhil Sd/- (Ramesh Sinha) Chief Justice