Nafr High Court
Case Details
1 2025:CGHC:35546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4735 of 2025 Hirendra Yadav S/o Hemlal Yadav Aged About 23 Years R/o Pandey Auto Parts Dharampura Khairagarh, District : Khairagarh-Chhuikhadan- Gandai, Chhattisgarh KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN .. Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station - Excise Circle Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai (C.G.) (Police Station Correctly Mention) ... Non-applicant(s) For Applicant
Legal Reasoning
: Mr. Amit Kumar, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2025-26 (as per order-sheet dated 12.06.25), registered at Police Station : Excise Circle Chhuikhadaan District- Khairagarh- Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 31.05.2025 at 2 around 1:50 PM, the Sub-Inspector of the Excise Circle, Chhuikhadan, received credible information from a reliable informant that the applicant/accused, Hirendra Yadav, a resident of Village Vikrampur, had concealed a large quantity of illicit liquor in his residential premises for the purpose of illegal sale. Upon verification of the information, a Panchnama was prepared. Thereafter, accompanied by ofÏcial staff and witnesses Tarjan Patel and Rajendra Nishad, a raid was conducted at the said location. During the raid, a total of 36.500 bulk liters of illegally distilled raw Mahua liquor was recovered from the possession of the accused, which included: One white plastic jerrycan (10 liters), one 30-liter capacity container, one 6-liter jerrycan and two plastic pouches containing 250 ml each. The liquor was found to have been manufactured using a hand-made furnace. When the accused was issued a notice under Section 91 of the Code of Criminal Procedure to produce valid documents regarding the possession of the liquor, he failed to do so and admitted that he had no such documents. Subsequently, a search and seizure Panchnama was prepared on the spot. The seized liquor was sampled for chemical analysis. Upon returning to the police station, a First Information Report (FIR) was registered against the accused. The applicant/accused was arrested based on the evidence found. However, the investigation is still ongoing. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has no criminal antecedent and in the 3 present case, charge-sheet has been filed before the competent Court. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 31.05.2025 and the 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 in the present case, charge-sheet has not filed before the competent Court and the applicant has no criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. 36.500 liters of Mahua liquor therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 and in the present case, charge-sheet has been filed before the competent Court, further the quantity of liquor seized from the possession of the applicant i.e. 36.500 bulk liters of Mahua liquor and he is in jail since 31.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Hirendra Yadav, involved in Crime No. 14/2025-26 (as per order-sheet dated 12.06.25), registered at Police Station : Excise Circle Chhuikhadaan District- Khairagarh-Chhuikhadan- 4 Gandai (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act., be released on bail on furnishing 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 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 opinion of the trial court 5 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. OfÏce 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 Kunal