Chattisgarh High Court
Islam @ Suddu vs State Of Chhattisgarh on 2 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR 2026:CGHC:15372
Date: 2026.04.04
13:08:35 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3010 of 2026
Islam @ Suddu S/o Sardar Khan (Wrongly Mentioned As Arman Khan In The
Order-Sheet) Aged About 45 Years, R/o Village- Pondi, Out Post- Pondi,
Police Station- Bodla, District Kabirdham (C.G.) ... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station- Bodla,
District Kabirdham (C.G.) ... Respondent
For Applicant : Shri Chandrikaditya Pandey, Advocate.
For : Ms. Anusha Naik, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02/04/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No.199/2025 registered at Police Station Bodla, District Kabirdham (C.G.) for the offence punishable under Sections 34(1)(b), 34(2), 35, 49-A, 59-A of C.G. Excise Act and 318(4), 336(2), 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding sections 420, 465, 468, 471, 34 of Indian Penal Code, 1860).
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2. Case of the prosecution, in brief, is that on receipt of secret information, the police of Police Station Bodla, District Kabirdham (C.G.), conducted a raid at the house of co-accused Nandkumar in village Pondi, where the present applicant along with other co-accused persons was found allegedly involved in manufacturing illicit liquor. During the raid, certain quantities of alleged spurious liquor, equipment, and other materials used for its preparation and packaging were seized from the spot, and the accused persons were taken into custody. An FIR bearing Crime No. 199/2025 was registered on 27.11.2025 under relevant provisions of the Chhattisgarh Excise Act and Bharatiya Nyaya Sanhita, 2023. After completion of investigation, charge-sheet has been filed on 19.02.2026, and the case is presently pending before the learned Judicial Magistrate First Class, Kawardha, District Kabirdham (C.G.) as Criminal Case No. 605/2026 for trial.
3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that similarly placed co-accused persons namely Idris Khan @ Pintu and Chotu @ Dinesh Chandravanshi have been granted bail by this Court in MCRC No. 2472/2026 and 2733/2026 vide orders dated 17.03.2026 and 23.03.2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 27/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application but she do not dispute the fact that co-accused persons have been granted bail by this court. She would further submit that the applicant has no criminal antecedents.
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5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that co-accused persons namely Idris Khan @ Pintu and Chotu @ Dinesh Chandravanshi have been granted bail by this Court in MCRC No. 2472/2026 and 2733/2026 vide orders dated 17.03.2026 and 23.03.2026, period of detention of the applicant since 27/11/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the Applicant- Islam @ Suddu, involved in Crime No.199/2025 registered at Police Station Bodla, District Kabirdham (C.G.) for the offence punishable under Sections 34(1)(b), 34(2), 35, 49-A, 59-A of C.G. Excise Act and 318(4), 336(2), 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding sections 420, 465, 468, 471, 34 of Indian Penal Code, 1860), be released on bail on his 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. 4
(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 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE gouri