[Cites 2, Cited by 0]
Chattisgarh High Court
Hirendra Yadav vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16709
MADHURIMA
THAKUR NAFR
Digitally signed by
MADHURIMA
THAKUR HIGH COURT OF CHHATTISGARH AT BILASPUR
Date: 2026.04.10
17:50:43 +0530
MCRC No. 2050 of 2026
Hirendra Yadav S/o Hemlal Yadav Aged About 22 Years R/o Village
Vikrampur, P.S. Chuikhadan, Distt. Khairagarh Chuikhadan Gandai,
Chhattisgarh.
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, P.S. Chuikhadan,
Distt. Khairagarh Chuikhadan Gandai, Chhattisgarh.
... Respondent(
For Applicant : Mr. Abhishek Sharma, Advocate
For Respondent(s) : Ms. Ritika Verma, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10/04/2026
1. The applicant has preferred this First Bail Application under
Section 483 of BNSS, 2023 for grant of regular bail, as he has
been arrested in connection with Crime No. 13/2026, registered at
Police Station- Chuikhadan, District- Khairagarh-Chuikhadan-
Gandai (CG) for the offence punishable under Section 34(2) of
C.G. Excise Act.
2. The prosecution case, in brief, is that on 16.01.2026, on the basis
of secret information, the police intercepted a motorcycle near
Village Budhanbhat carrying two persons, namely co-accused
Hirendra Yadav and the present applicant Khilesh Yadav. Upon
search, approximately 50 bulk liters of illicit Mahua liquor was
allegedly recovered from their possession, which was being
transported for the purpose of sale. As no valid documents were
produced, the liquor was seized and offence was registered. After
completion of investigation, charge-sheet has been filed.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated. It is argued that initially
the applicant was released on notice under the provisions of law
and was not arrested during investigation, which itself shows that
custodial interrogation was not required. It is further submitted that
the applicant has no criminal antecedents and is a permanent
resident of the locality. The applicant is in judicial custody since
16.01.2026 and the trial is likely to take considerable time for its
conclusion. He is ready to abide by all conditions imposed by this
Court.
4. Learned counsel for the State opposes the bail application and
submits that a large quantity i.e., 50 bulk liters of illicit liquor has
been seized from the possession of the applicant and co-accused.
It is contended that in view of Section 59-A of the Chhattisgarh
Excise Act, bail cannot be granted unless the Court is satisfied
that the applicant is not guilty and will not commit such offence
again.
5. I have heard learned counsel for the parties and perused the case
diary.
6. It is not disputed that the applicant was not arrested during
investigation and was initially released on notice, which indicates
that custodial interrogation was not considered necessary by the
investigating agency. The charge-sheet has already been filed
and the case is now pending for trial. So far as the quantity of
seized liquor is concerned, the same is a matter of evidence to be
tested during trial. At this stage, there is no material to
conclusively establish the exclusive conscious possession of the
applicant, particularly when he was not apprehended alone and
the role attributed is common in nature. The applicant does not
have any criminal antecedents. There is no material on record to
show that he is likely to abscond or tamper with prosecution
evidence. The trial is likely to take considerable time.
7. Considering the totality of facts and circumstances of the case,
the nature of allegations, the period of detention, this Court is of
the considered view that it is a fit case to extend the benefit of bail
to the applicant, without commenting on the merits of the case.
8. Let the Applicant- Hirendra Yadav, involved in Crime No.
13/2026, registered at Police Station- Chuikhadan, District
Khairagarh-Chuikhadan-Gandai (C.G.) for the aforesaid offences
be released on bail on their furnishing a personal bond each with
two local 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 them under Section 269 of
Bhartiya Nyay Sanhita, 2023.
(iii) 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 applicant fail 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 Bhartiya Nyaya Sanhita,
2023.
(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 BNSS.
If in the opinion of the trial court absence of the
applicants 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 them in accordance with law.
9. Office is directed to send a copy of this order to the trial Court for
necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Madhurima
