Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34959 (CHH)

DEVA YADAV v. STATE OF CHHATTISGARH

MCRC/8268/2026 · 2026-09-07

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 CGHC010337042026 2026:CGHC:39377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8268 of 2026 1. Deva Yadav S/o Tulsi Yadav Aged About 21 Years R/o Near Science College, Dabaripara, PS- Sarkanda, District- Bilaspur, (C.G.) 2. Gourav Sahu S/o Mandari Sahu Aged About 21 Years R/o Near Dewangan Store, Bahatrai, PS- Sarkanda, District- Bilaspur, (C.G.) ... Applicants versus • State Of Chhattisgarh Through Ps- Tarbahar, District- Bilaspur, (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Kumar, Advocate For State : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/09/2026 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. 273/2026 registered at Police Station – Tarbahar, District Bilaspur (C.G.) for offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of prosecution in brief is that on 11.08.2026, police of police station Tarbahar received secret information that applicants are in possession of illilcit liquor and selling it. Based on the information, police reached the spot near Jeetu Hotel, Old Bus Stand and during search, recovered 9.160 bulk litre PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 liquor from possession of applicants. Based on the seizure, applicants were arrested. 3. Learned counsel for applicants submits that the applicants are innocent, they have been falsely implicated in the instant crime. When they were riding on their Scooty, they were intercepted and implicated in the crime. Applicants are of tender age of 21 years, they are in jail since 11.08.2026. Investigation is completed and charge-sheet has been filed, trial may take some time and therefore, they may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicants and would submit that there are two criminal antecedent against applicants under the Indian Penal Code and the Bhartiya Nyay Samhita of the year 2024 and 2025. 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, tender age of applicants to be about 21 years, charge-sheet has been filed trial may take some time, 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 applicants shall be released on regular bail, upon each of them furnishing bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 3 / 3 (c) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicants 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 applicants are 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE