Raigarh Tahsil And District Raigarh C.G v. State of Chhattisgarh Through The Jutmill, District Raigarh
Case Details
1 2025:CGHC:37922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5336 of 2025 Janakram Yadav S/o Satyanand Yadav Aged About 36 Years Occupation Driver, R/o Village Kunjedabri, Police Station Jutmill, Raigarh Tahsil And District Raigarh C.G. ... Applicant versus State of Chhattisgarh Through The Jutmill, District Raigarh (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Punit Ruparel, Advocate. For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.02 11:19:50 +0530 01.08.2025 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 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. 208/2025 registered at Police Station Jutmil, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 09.06.2025, the Assistant Sub-Inspector, along with other police ofÏcers, proceeded towards Kodatarai upon receiving information regarding illicit liquor and gambling activities. While en route, near Chhatamuda Square, an informant provided information that one Khemlal Sao was transporting country- 2 made liquor in a Maruti Van bearing registration number CG 11 BB 7598, and that another person, Shiv Kumar Sahu @ Sonu, was following the said van on a TVS Jupiter scooter. It was informed that they were heading towards Kodatarai and intended to reach Kunjedabri to sell the illicit liquor. Acting on this information, the police conducted a raid at the said location and recovered a total of 580 liters of country-made liquor. During interrogation, Khemlal Sao admitted that he, along with Shiv Kumar Sahu, was engaged in transporting country-made liquor and supplying it to Rajkumar Sarthi of Village Kodatarai, Janak Ram Yadav of Village Kunjedabri, and Pradeep Sarthi of Village Tarkela. He further stated that after collecting the sale proceeds, they would purchase more liquor for further transportation. The police recovered the illicit liquor from Khemlal Sao and Shiv Kumar Sahu @ Sonu from the said Maruti Suzuki van. Accordingly, an offence was registered against the present applicant and other co-accused persons. The applicant was arrested on 10.06.2025. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the alleged illicit liquor was not seized from the possession of the present applicant. It was recovered from the joint possession of Khemrao Sao and Shiv Kumar Sahu @ Sonu from a Maruti Suzuki Van. The present applicant, along with Pradeep Sarthi and Rajkumar Sarthi @ Raju, has been implicated solely on the basis of the memorandum statement of the main accused, Khemrao Sao. Except for this memorandum, there is no material evidence in the entire case diary against the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the present applicant has no criminal antecedents and he is 3 in jail since 10.06.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail 5. 6. application and submits that the charge-sheet has been filed in the present case before the competent Court and also endorse the submissions made by learned counsel for the applicant that the present applicant has no criminal antecedents. I have heard learned counsel appearing for the parties and perused the case diary. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further the fact that the present applicant has no criminal antecedents, moreover, the fact that the charge-sheet has been filed before the competent Court and the applicant has been in jail since 10.06.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Janakram Yadav, involved in Crime No. 208/2025 registered at Police Station Jutmil, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) 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 4 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 his 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 his, 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 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. 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 8. - Abhishek