[Cites 11, Cited by 0]
Chattisgarh High Court
Islam @ Suddu vs State Of Chhattisgarh on 2 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
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).
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.
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.
(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
