Ramdhar Gond Son Of Jaggu Gond vs State Of Chhattisgarh

Bibhu Datta Guru, J

The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 184/2026, registered at Police Station Pamgarh, district Janjgir- Champa C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

The case of the prosecution, in brief, is that on 29.04.2026 the Police Station Pamgarh received an information from the informant and on the basis of the said information seized total 10 bulk liters of hand made liquor from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections Section 34(2) of the C.G. Excise Act against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that although the applicant has five criminal antecedents, two of those cases pertain to offences under the Excise Act and have already been disposed of upon payment of fine. He further submits that the offence alleged under Section 34(2) of the Excise Act carries a minimum sentence of one year and a maximum sentence of three years. The applicant has been in judicial custody since 30.04.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be enlarged on bail.

Per contra, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that 10 bulk litres of hand-made liquor were recovered from the possession of the applicant. Considering the recovery made and the fact that the applicant has five previous criminal antecedents, he is not entitled to the grant of bail. Accordingly, he prays for rejection of the bail application.

I have heard learned counsel 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 considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 30.04.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant.

Let the applicant, Ramadhar Gond, involved in Crime No. 184/2026, registered at Police Station Pamgarh, District Janjgir Champa (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing 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.

(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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.