High Court of Chhattisgarh
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.13 19:01:02 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:40526 NAFR MCRC No. 6374 of 2025 Daljeet Singh Raja S/o Baljit Singh Aged About 30 Years (Not mentioned in the impugned order) R/o Budhwaripara Dongargarh, Dist. Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Dongargarh, District Rajnandgaon, Through District Magistrate, Rajnandgaon (C.G.) ... Respondent For Applicant
Legal Reasoning
bail by this court in MCRC No.5435/2025 on 31/07/2025, period of detention of the applicant since 03/04/2025 and also considering the 4 fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Daljeet Singh Raja, involved in Crime No.127/2025 registered at Police Station Dongargarh, District Rajnandgaon for the offence punishable under Sections 111, 338, 336(3), 340(2) of B.N.S. and 59(a) and 34(2) of Chhattisgarh 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 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. 5 (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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri
Arguments
: Shri Sumit Singh, Advocate. For : Ms. Vaishali Mahilong, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/08/2025 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.127/2025 registered at Police Station Dongargarh, District 2 Rajnandgaon for the offence punishable under Sections 111, 338, 336(3), 340(2) of B.N.S. and 59(a) and 34(2) of Chhattisgarh Excise Act. (As per final report). 2. Case of the prosecution, in brief, is that on 29.03.2025, information was received from an informer that a large quantity of liquor from Madhya Pradesh has been dumped in the farm house of Rohit Netam alias Sonu situated on the unpaved road leading to Village Karwari Latmarra and the same liquor is dumped in the farm house after putting it in quarter bottles on which label of Chhattisgarh has been put with an intention to illegally sell it. Taking action upon this information, after informing the witnesses along with accompanying staff raid was conducted at the farm house of Rohit @ Sonu. On reaching the farm house and conducting raid, a large quantity of liquor was found stacked in both the rooms of the farm. Further, basement was constructed wherein empty bottles, Goa whiskey liquor sticker and a roll for sealing was found. Upon checking, a total of 3888 bulk liters of liquor was found. Further, upon investigation, Accused Rohit @ Sonu informed that Nandkumar verma and his partner had dumped the liquor at his farm on 22.03.2025 and 27.03.2025, which liquor was further transferred during nighttime with the help of the present Applicant and other co-accused persons through the use of Jupiter bike. These persons including the Applicant was kept on daily wages by Rohit @ Sonu for this purpose. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit no incriminating article has been recovered or seized from the 3 Applicant and the alleged Jupiter scooter used in the crime or liquor has not been seized from the Applicant. He would submit that the Jupiter scooter used in the crime has not been recovered at the instance of the Applicant, neither is he the owner of the said vehicle which has been made clear through his memorandum statement as well and the Applicant has not been named in the F.I.R. and the recovery of the liquor and other items has been made from the farm of main accused Rohit @ Sonu which is not in the control or custody of the present Applicant. He would submit that co-accused namely Vikram Ahuja has been granted regular bail by this court in MCRC No.5435/2025 on 31/07/2025. He would further submit that charge sheet has been filed, he is in jail since 03/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case. She would further submit that there are 5 criminal antecedents of the applicant. 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 of allegation levelled against the applicant, considering the fact that co-accused namely Vikram Ahuja has been granted regular