Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37717
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4980 of 2025 1 - Manoj Tandon S/o Lt. Shri Alam Singh Tandon Aged About 28 Years R/o Shyam Chowk, Ward No.-04, P.S. - Abhanpur, District - Raipur (C.G.) 2 - Likhendra Sonwani S/o Lt. Shri Bhuvneshwar Sonwani Aged About 24 Years R/o Maulipara Chowk, Ward No.-05, District - Raipur (C.G.) ---Applicants
versus State Of Chhattisgarh Through - Police Station - Gobra Nawapara, District - Raipur (C.G.) ---Non-applicant
For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 31.07.2025
1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 196/2025, registered at Police Station : Gobra Nawapara, District – Raipur (C.G.) for the offence punishable under Section 34(2) C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:14 +0530
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2. As per the case of the prosecution, the police of P.S- Gobra Nawapara received a secret information that one vehicle having registration No. CG04B5279 is carrying liquor for purpose of selling, So the police intercept the said vehicle and raid was conducted on 10.06.2025, at Village Abhanpur Distt. Raipur and seized 25.920 bulk liters of Country made liquor. Hence the FIR.
3.
Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits that the seizure has been from a vehicle which is not owned by the applicants and no document with respect to ownership of the vehicle has been shown by the police authority, from where the seizure has been made and the investigating agency has not followed the due process of law. Further there is requirement of custodial investigation in the matter and they are in jail since 10.06.2025, Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants, moreover, the fact that the charge-sheet has been filed before the competent Court and they are in jail since 10.06.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 3 / 4
7. Let applicants, Manoj Tandon & Likhendra Sonwani, involved in Crime No. 196/2025, registered at Police Station : Gobra Nawapara, District – Raipur (C.G.) for the offence punishable under Section 34(2) C.G. Excise Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient 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 them 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 applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening
4 / 4 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 them in accordance with law. 8. Office 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 Vaibhav