Nafr High Court
Case Details
1 2025:CGHC:40972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5318 of 2025 1 - Manish Ramteke S/o Ashok Ramteke, Aged About 40 Years R/o Keshkal Ward No. 6, Police Station Keshkal, District Kondagaon Chhattisgarh Presently Address Sejbahar, Behind Of Hari Bhumi Press OfÏce, Ward No. 1, Pachpedi Naka, Raipur Chhattisgarh. 2 - Yuvraj Madhukar S/o Late Doman Madhukar, Aged About 33 Years R/o Keshdabri, Police Station - Saja, District -Bemetara Chhattisgarh Present Address-Tekari Road, Pradhanmantri Awas, Police Station - Mowa, Raipur, District - Raipur Chhattisgarh. --- Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station State Excise Level Flying Squad, Raipur District Raipur Chhattisgarh. --- Non-applicant Along with MCRC No. 5682 of 2025 Shekhar Banjare @ Chain Das Banjare Aged About 25 Years Resident Of Satnamipara, Parsatthi, Ward No.20, P.S. Abhanpur, District Raipur Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through - Station House OfÏcer, Police Station State Level Excise Flying Squad Raipur, District Raipur Chhattisgarh. --- Non-Applicant For Applicants
Legal Reasoning
: Mr. C.R. Sahu, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 69/2025, registered at Police Station : State Level Excise Flying Squad Raipur, District- Raipur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 38(A) of the C.G. Excise Act. 3. The case of the prosecution, in brief, is that on 13.06.2025, the State Level Excise Flying Squad, Raipur, received secret information from an informant that the applicants were in possession of illegal liquor. Acting upon this information, the Excise ofÏcials, along with their staff, proceeded to the Composite Building Liquor Shop, Lalpur, under Police Station Tikrapara, Raipur, and initiated an enquiry. During the search, it was found that the applicants, namely Manish Ramteke and Yuvraj Madhukar, along with co-accused Shyamkishore Sahu and Sagar Sonwani, were in possession of the following liquor: 4,560 quarters of Caption Hub Whiskey (total 820.80 bulk liters), 2,832 quarters of Syndicate Whiskey (total 509.76 bulk liters), 4,128 quarters of Jammu Special 3 Whiskey (total 743.04 bulk liters), 1,200 quarters of Goa Special Whiskey (total 216 bulk liters), and 1,632 quarters of Goa Special Whiskey without hologram and without permit (total 293.76 bulk liters), amounting to a grand total of 2,583.36 bulk liters. On the basis of the said recovery, the State Level Excise Flying Squad, Raipur, registered Crime No. 69/2025 for the offences punishable under Sections 34(1)(A), 34(2), 59(A), and 38(A) of the Chhattisgarh Excise Act against the present applicants. 4. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He also submits that the charge-sheet has already been filed before the competent Court. He submits that the applicants have no any previous criminal antecedent. He further submits that the applicants namely, Manish Ramteke and Yuvraj Madhukar are in jail since 13.06.2025 and the applicant namely, Shekhar Banjare @ Chain Das Banjare is in jail since 04.07.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicants. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court in the present case. He further submits that from the joint possession of the present applicants total 2583.36 bulk liters of foreign liquor was seized. Hence, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of allegation levelled against the applicants that the applicants are employee of the said shop and the allegation against the applicants is of possession of 2,583.36 bulk liters of liquor without requisite permit or hologram, further the applicants have no any previous criminal antecedent, the charge-sheet has been filed before the competent Court and the applicants namely, Manish Ramteke and Yuvraj Madhukar are in jail since 13.06.2025 and the applicant namely, Shekhar Banjare @ Chain Das Banjare is in jail since 04.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 8. Let the applicants, Manish Ramteke, Yuvraj Madhukar and Shekhar Banjare @ Chain Das Banjare, involved in Crime No. 69/2025, registered at Police Station : State Level Excise Flying Squad Raipur, District- Raipur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) and 38(A) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial 5 court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice