[Cites 2, Cited by 0]
Chattisgarh High Court
Kundan Singh Dakshani vs State Of Chhattisgarh on 7 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15823
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3072 of 2026
Kundan Singh Dakshani S/o Rohit Kumar Dakshini Aged About 19 Years, R/o
Village- Latuva, P.S.- Balodabazar, District- Balodabazar- Bhatapara (CG)
... Applicant
versus
State Of Chhattisgarh Through- P.S.- Balodabazar, District - Balodabazar-
Bhatapara (CG)
Non-applicant
For Applicant : Mr. Tanuj Patwardhan, Advocate.
For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
07.04.2026
1.
The applicant has preferred this First Bail Application under Section
RAJSHEKHAR 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
SONI
Digitally regular bail, as he has been arrested in connection with Crime No.
signed by
RAJSHEKHAR
SONI 1138/2025, registered at Police Station - Balodabazar, District -
Balodabazar-Bhatapara (C.G.) for the offence punishable under
Section 34(2) of C.G. Excise Act.
2. The case of the prosecution, is that the Police of Police Station -
Balodabazar, District - Balodabazar-Bhatapara (C.G.) has received a
secret information through the informant and on the basis of such
information the Police has seized a total of 31.860 liters of liquor from
the possession of the applicant and the co-accused. Thereafter, the
applicant has been arrested by the Police and the offence was
registered.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in this case and there is no
criminal antecedents registered against the present applicant. It is
further submitted that the charge-sheet has been filed in this case, and
the bail application of co-accused has already been allowed by this
Court vide order dated 23.03.2026 passed in MCRC No. 938/2026. He
further submits that under Section 34(2) of the Excise Act, minimum
punishment is one year and maximum punishment is three years. The
applicant is in jail since 22.12.2025 and trial is likely to take some time
for its conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there is no criminal antecedents registered
against the present applicant, and the charge-sheet has been filed in
this case. It is further submitted that a total of 31.860 liters of liquor has
been seized from the possession of the present applicant and the co-
accused, but could not dispute the fact that the co-accused has already
been enlarged on bail and the case of the applicant is identical to that
of the co-accused.
5. I have heard learned counsel for the parties and perused all of the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that there is no criminal antecedents registered against the present
applicant, charge-sheet has been filed against the applicant and the
bail application of co-accused has already been allowed by this Court
vide order dated 23.03.2026 passed in MCRC No. 938/2026, and he is
in jail since 22.12.2025 and conclusion of the trial is likely to take some
time, I am inclined to allow this application.
7. Let applicant, Kundan Singh Dakshani, involved in Crime No.
1138/2025, registered at Police Station - Balodabazar, District -
Balodabazar-Bhatapara (C.G.) for the offence punishable under
Section 34(2) of C.G. Excise Act, 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
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar
