Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 41299 (CHH)

PURANIK MANDAVI v. STATE OF CHHATTISGARH

MCRC/6767/2025 · 2025-08-27

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:43640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6767 of 2025 • Puranik Mandavi, S/o Rohit Kumar Mandavi, Aged About 19 Years, R/o Khursipar, Police Station Gaindatola, Tahsil Chhuriya, District Rajnandgaon (C.G.). ... Applicant versus • State Of Chhattisgarh, Through The Police Station Station Gaindatola, District Rajnandgaon (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Rajendra Patel, Advocate. For State/Non-applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This is first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is arrested in connection with Crime No.43/2025 registered at Police Station Gaindatola, District Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) & 36 of the Chhattisgarh Excise Act, 1915 (as per Charge Sheet). 2. The prosecution's case, in brief, is that on 22.06.2025, police of Police Station Gaindatola, while patrolling received an information that some unknown persons are transporting illicit liquour in his motorcycle, upon receiving such information, police arrested the present applicant and DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 seized 6.660 litres of liquour from his possession. Thereafter, case was registered against him. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that charge has already been filed in the present case. It is further submitted that illicit liquour has been seized from an open place and not from the present applicant. He further submits that present applicant is a young boy aged about 19 years. It is further submitted by the learned counsel for the applicant that he is in jail since 22.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that charge sheet has already been filed in the present case, therefore, he is not entitled for the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that he is a young boy aged about 19 years and he is in jail since 22.06.2025 and the charge sheet has already been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Puranik Mandavi, involved in Crime No.43/2025 registered at Police Station Gaindatola, District Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) & 36 of the Chhattisgarh Excise Act, 1915 (as per Charge Sheet), be released on bail on his 3 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, 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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice