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2025:CGHC:51450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC
No.
7887
of 2025
• Ugrasen Navrange S/o Ghanshyam Navrange, Aged About 45 Years R/o Village Sundari (S), Police Station Palari, District Balodabazar-Bhatapara (C.G.)
... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Station Palari, District Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. Yogesh Kumar Chandra, Advocate For Respondent-State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 15/10/2025
1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 527/2024 registered at Police Station – Palari, District Baloda Bazar, Bhatapara (C.G.) for offence punishable under Section 34(2) of the C.G. Excise Act and Section 111 of BNS.
2. Case of prosecution in brief is that a vehicle Duster car bearing number CG10U8483 was intercepted by the police, however, driver of the vehicle escaped and ran away. Upon search of the vehicle, police found 90 bulk litre of foreign liquor, which was seized along with car. Police also found car related documents along with passbook on which name of co-accused Dilip PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 Ghritlahre was written. Police arrested Dilip Ghritlahre and in his memorandum statement he named applicant that the liquor which was transported is for applicant and accordingly applicant was arrested.
3.
Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the instant case because he was having other criminal record of similar nature. He submits that police has not seized the liquor from his conscious and exclusive possession. There is no seizure of liquor from possession of applicant. He is in jail since 02.05.2025, charge- sheet has been filed and therefore, he may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that there are as many as four criminal antecedents registered against applicant including three of similar nature of the year 2015, 2022 and 2024 and therefore he is not entitled for bail. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, period of detention, and further considering the submission of learned State counsel based on the case diary that the liquor was seized from the car while transportation, no person was arrested from the car. However, based on the documents found in the car co-accused Dilip Ghritlahre was arrested and based on his memorandum statement, applicant was also arrested, there is no seizure of liquor from applicant’s possession as also that charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that-
3 / 3 (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
(c) 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. (d) 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn
JUDGE