Tankeshwar vs State Of Chhattisgarh

Ramesh Sinha, CJ

This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 174/2025 registered at Police Station – Sakti, District - Sakti (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant.

As per the case of prosecution in brief is that on 27/05/2025 police during the investigation found a plastic bag from the possession of the applicant and the bag containing 30 quarter of country liquor, each containing 180 ml total 5 ltr 400 ml. country liquor worth Rs. 2400/-was found in the possession of the accused/applicant. The above mention raw Mahua liquor and the motor cycle which was used for transporting the liquor were seized and a case has been registered against the applicant/accused for an offence under section 34 (2) of Chhattisgarh Excise Act.

Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits that no crime has been committed by him, a false case has been made against the applicant/accused by the concern police station by seizing an unclaimed object lying on the road and no liquor has been seized from the accused, the police has exaggerated case against the accused and he is in jail since 27.05.2025, Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits, applicant has 2 criminal antecedents, therefore, he is not entitled for grant of regular bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, as well as the fact that the charge-sheet has been filed before the competent Court and the applicant has been in judicial custody since 27.05.2025, and that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case.

Let applicant - Tankeshwar, involved in Crime No. 174/2025 registered at Police Station – Sakti, District - Sakti (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, against the present applicant, be released on bail on furnishing 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 sufficient cause, the trial court may proceed against his 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 his, 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 concerned for necessary information and compliance forthwith.