[Cites 1, Cited by 0]
Chattisgarh High Court
Sarju Singh Sidar vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12119
KUNAL
DEWANGAN NAFR
Digitally
signed by
KUNAL HIGH COURT OF CHHATTISGARH AT BILASPUR
DEWANGAN
MCRC No. 2351 of 2026
Sarju Singh Sidar S/o Late Pardeshiram Aged About 40 Years R/o
Village- Harda, Police Station And Tahsil- Sakti, District- Sakti (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station -
Sakti, District- Sakti (C.G.)
... Non-applicant
For Applicant : Smt. Chandrikaditya Pandey, Advocate
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.
The applicant has preferred this First Bail Application under Section
483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
332/2025, registered at Police Station :Sakti District- Sakti (C.G.)
for the offence punishable under Section 34(2) of the C.G. Excise
Act.
2. The case of the prosecution, in brief is that on 17.09.2025, Assistant
Sub-Inspector of Police Station Sakti received secret information
that the present applicant was illegally possessing and selling illicit
liquor. Acting upon the said information, the police team conducted
a raid at the house of the applicant, wherefrom 10 bulk liters of
handmade kachchi mahua liquor and 7 bottles of country-made
plain liquor containing 180 ml each (total 1 liter 260 ml) were
recovered. Thus, in total 11 bulk liters and 260 ml of illicit liquor was
seized from the possession of the applicant. On the basis of the
said seizure, an offence under Section 34(2) of the Chhattisgarh
Excise Act was registered against the applicant and investigation
was conducted. It is further stated that the applicant fled from the
spot at the time of the raid and was subsequently arrested on
20.01.2026. After completion of investigation, the charge-sheet has
been filed before the learned Chief Judicial Magistrate, Sakti.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and the said liquor was not
seized from the possession of the applicant. She further submits
that under Section 34(2) of the C.G. Excise Act, minimum
punishment is one year and maximum punishment is three years
and in the present case, charge-sheet has filed before the
competent Court and the applicant is in jail since 20.01.2026 and
the applicant has one criminal antecedent of similar nature of the
year 2024 which is still pending as the same has been explained in
the bail application of para No. 4(a) and the conclusion of the trial is
likely to take quite long time. Therefore, she prays for grant of
regular bail to the applicant.
4. On the other hand, the learned State counsel opposes the prayer for
grant of bail to the applicant and submits that in the present case,
charge-sheet has been filed before the competent Court and the
applicant has one previous criminal antecedent of similar nature of
the year 2024 which is still pending and further the quantity of liquor
seized from the possession of the present applicant i.e. 11 bulk
liters and 260 ml of illicit liquor as such, he is not entitled for grant
of bail.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and
the fact that the applicant has only one previous criminal antecedent
which has been explained in the bail application in para No. 4(a)
and in the present case, charge-sheet has been filed before the
competent Court, further the quantity of liquor seized from the
possession of the applicant i.e. 11 bulk liters and 260 ml of illicit
liquor and he is in jail since 20.01.2026 and conclusion of the trial is
likely to take some time, therefore, I am inclined to grant regular bail
to the present applicant.
7. Accordingly, the bail application of the applicant is allowed.
8. Let applicant, Sarju Singh Sidar, involved in Crime No. 332/2025,
registered at Police Station :Sakti District- Sakti (C.G.) for the
offence punishable under Section 34(2) of the C.G. Excise Act, be
released on bail on furnishing 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.
9. 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
Kunal
