Dukalu Dhanuhar S/O Paltu Dhanuhar vs State Of Chhattisgarh Through The Station House Officer, Police Station- Shivrinarayan, District- Janjgir-Champa (Chhattisgarh)

Narendra Kumar Vyas, J

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS') for connection with Crime No. 140/2026 registered at Police Station Shivrinarayan, District- Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act.

Case of the prosecution, in brief, is that on 11.04.2026, the police of Police Station Shivrinarayan, District Janjgir-Champa (Chhattisgarh), received secret information that the applicant was illegally possessing liquor. Acting upon the said information, the police conducted a raid and allegedly seized 85 bulk liters of liquor from the possession of the applicant. Thereafter, an FIR was registered against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, and the applicant was arrested on the spot. Hence, the bail application.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 85 bulk liters of liquor was not seized from the exclusive possession of 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 applicant has no criminal antecedent and he is in jail since 11.04.2026, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

Learned counsel for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the criminal antecedent. He further submits that 85 bulk liters of the country made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail.

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 the fact that the applicant has no criminal antecedent, he is in jail since 11.04.2026 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case.

Accordingly, the application is allowed.

Let the applicant - Dukalu Dhanuhar, involved in Crime No. 140/2026 registered at Police Station Shivrinarayan, District- Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) 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, 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.

(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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.