Sagar Sonwani S/o Rikhi Ram Sonwani Aged About 25 Years R/o Village Doma, P.S v. State Of Chhattisgarh Through The P.S. State Level Flying Squad, Dist - Raipur C.G
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:45413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6773 of 2025 Sagar Sonwani S/o Rikhi Ram Sonwani Aged About 25 Years R/o Village Doma, P.S. Mujgahan, Dist. Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through The P.S. State Level Flying Squad, Dist - Raipur C.G. ... Non-applicant(s) For Applicant(s)
Legal Reasoning
Das Banjare have already been granted bail by this Court in MCRC No. 5318/2025 and MCRC No. 5682/2025, vide order dated 3 13.08.2025 and the case of the applicant is similar to that co- accused therefore, he prays for grant of bail to the applicant on parity. 4. On the other hand, learned State counsel opposed the prayer for grant of bail and submits that the charge-sheet has been filed before the competent Court in the present case and the applicant has no previous criminal antecedent however, the quantity of liquor seized from the joint possession of the accused persons total 2583.36 bulk liters of foreign liquor, is very huge quantity. Hence, the present applicant 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, the nature and gravity of the allegations levelled against the applicant, and the fact that in the present case, charge-sheet has already been filed before the competent Court, it is observed that although the applicant has no criminal antecedent, a huge quantity of liquor, i.e. 2583.36 bulk liters of foreign liquor, has been seized from the joint possession of the accused persons. However, considering that the co-accused persons, namely Manish Ramteke, Yuvraj Madhukar, and Shekhar Banjare @ Chain Das Banjare, have already been granted bail by this Court in MCRC No. 5318/2025 and MCRC No. 5682/2025 vide order dated 13.08.2025, and since the case of the applicant stands on a similar footing, without commenting further on the merits of the case, I am inclined to grant bail to the applicant. 7. Let the applicant, Sagar Sonwani, involved in Crime No. 69/2025 4 registered at Police Station State Level Flying Squad, Raipur District- Raipur (C.G.), for the offence punishable under Sections 34(1)(a), 34(2) and 59(a) and 38(a) of Excise Act, be released on bail on his furnishing a 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya 5 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal
Arguments
: Mr. N. Naha Roy, Advocate For Non-applicant/State(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 69/2025 registered at Police Station State Level Flying Squad, Raipur District- Raipur (C.G.), for the offence punishable under Sections 34(1)(a), 34(2) and 59(a) and 38(a) of Excise Act. 2. Case of the prosecution, in brief, is that on 13.06.2025, the State Level Excise Flying Squad, Raipur, received secret information from 2 an informant that the accused persons 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 co-accused, namely Manish Ramteke and Yuvraj Madhukar, along with co- accused Shyamkishore Sahu and the applicant- 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 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 2583.36 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. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent. He further submits that the co-accused persons namely Manish Ramteke, Yuvraj Madhukar and Shekhar Banjare @ Chain