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2026 DAILYLAW 32006 (CHH)

TAMESHWAR DHRUVE v. STATE OF CHHATTISGARH

MCRC/7554/2026 · 2026-08-13

body2026

Judgment text

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1 CGHC010313662026 2026:CGHC:36331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7554 of 2026 1 - Tameshwar Dhruve S/o Dheluram Dhruve Aged About 32 Years R/o Village Uraidabri, Police Station Thelkadih, District- Khairagarh-Chhuikhadan- Gandai (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station- Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) Note:- In Impugned Order Dated 31.07.2026 Non-Applicant Name Written As District Magistrate- Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent For Applicant(s) : Ms. Anushree Mishra, Advocate For Respondent(s)/State : Ms. Anusha Naik, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking RUCHI YADAV Digitally signed by RUCHI YADAV 2 grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 194/2026 registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (Chhattisgarh), for the offences punishable under Sections 34(1)(a), 34(2), 36, 49(b) (c), and 59(1)(2) of the Chhattisgarh Excise Act and Sections 61(2), 318(4), 336(2), 338, 342(1), and 340(2) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on the night of 12.02.2026 at about 09:56 p.m., a police team from Khairagarh, including the Cyber Cell unit, raided a rented premises situated on the upper floor of a house in Dharampura, Khairagarh, on the basis of a confidential information. It is alleged that the co-accused persons were found engaged in preparing and supplying spurious liquor by adulterating genuine liquor, refilling empty liquor bottles and affixing fake caps, labels and forged Chhattisgarh Excise Department hologram stickers. During the search, the police seized more than 23.400 bulk litres of liquor along with jerricans, funnel, bottle caps, empty bottles, liquor labels, empty jerricans and other materials used for preparation and packaging of liquor. The accused persons failed to produce any valid permit or authorization when called upon to do so. During investigation, it was revealed that co-accused Rajeev Gupta @ Raju allegedly procured and supplied forged labels and excise materials. It is further alleged that, as per the memorandum statement of the present applicant, on the direction of Area In-charge Shakti Narayan Singh, he collected empty liquor bottles from co-accused Bhagwat and Trilok, mixed water therein and supplied the same to liquor vends (bhattis) and local sellers (kochiyas). After completion of investigation, the charge-sheet has 3 been filed against the accused persons for the alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the other co-accused persons, namely Abhishek Ranjan, Tipesh Kumar Soni and Rajiv Gupta @ Raju, have already been granted bail by this Court vide orders dated 03.08.2026 passed in MCRC No. 6987/2026, 06.07.2026 passed in MCRC No. 7210/2026, and 07.08.2026 passed in MCRC No. 7217/2026, respectively. Learned counsel further submits that the applicant has been in judicial custody since 29.06.2026, has no criminal antecedents, the investigation has been completed and the charge-sheet has already been filed. It is further submitted that the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that although the charge-sheet has already been filed and the applicant has no criminal antecedents, considering the nature and gravity of the alleged offences and the material available on record, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the entire facts and circumstances of the case, the nature of the allegations, the fact that the investigation has been completed and the charge-sheet has already been filed, the applicant has no criminal antecedents and the other co-accused persons, namely 4 Abhishek Ranjan, Tipesh Kumar Soni and Rajiv Gupta @ Raju, have already been granted bail by this Court, without commenting on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the Applicant – Tameshwar Dhurve involved in Crime No. 194/2026 registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (Chhattisgarh), for the offences punishable under Sections 34(1)(a), 34(2), 36, 49(b)(c), and 59(1)(2) of the Chhattisgarh Excise Act and Sections 61(2), 318(4), 336(2), 338, 342(1), and 340(2) of the Bharatiya Nyaya Sanhita, 2023, 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 5 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Ruchi