[Cites 1, Cited by 0]
Chattisgarh High Court
Sarjaan Gendre vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12735
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1589 of 2026
Sarjaan Gendre S/o Tejiram Gendre Aged About 25 Years R/o Mahasati
Ward Bhatapara, P.S. Bhatapara City, District Balodabazar-Bhatapara C.G.
... Applicant
VAIBHAV
SINGH
Digitally signed by
versus
VAIBHAV SINGH
Date: 2026.03.18
11:16:56 +0530
State Of Chhattisgarh Through The Station House Officer, Police Of Police
Station Bhatapara (Gramin), District Balodabazar - Bhatapara C.G
...Non-applicant
For Applicant : Mr. Anil Kumar Gulati, Advocate.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
25/2026 registered at Police Station - Bhatapara (Gramin), District
Balodabazar - Bhatapara (C.G.), for the offences punishable under
Section 34(2) of the C.G. Excise Act and Section 111 of the BNS.
2. Case of the prosecution, in brief, is that on 09.01.2026, acting on
information received from an informer, the police conducted a raid at
the house of co-accused Amar Yadu and recovered 46 quarters of
liquor (measuring 8.28 bulk litres) from his possession. During
interrogation, Amar Yadu, in his memorandum statement, disclosed
the name of one Nitesh Ratre, who was allegedly running a tea shop
at Patpar Chowk. On the basis of this disclosure, the police
apprehended Nitesh Ratre and, upon his memorandum statement,
recovered 50 quarters of country-made liquor (measuring 9 bulk litres)
from his possession. It is further alleged that Nitesh Ratre disclosed
that the present applicant, along with other accused persons, used to
procure liquor from a liquor shop at the rate of Rs.100/- per quarter
and sell the same at Rs.140/- per quarter. On the basis of the said
memorandum, the police also recovered 40 quarters of country-made
liquor (measuring 7.200 bulk litres) from the possession of the present
applicant and subsequently arrested him for the commission of the
alleged offences.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
contended that initially the police arrested co-accused Amar Yadu, and
solely on the basis of his memorandum statement, Nitesh Ratre was
arrested, and thereafter, on the basis of the memorandum of Nitesh
Ratre, the present applicant and other accused persons have been
implicated and arrested. The applicant was not named in the FIR and
has been arraigned in the case only on the basis of such
memorandum statements, without any independent or corroborative
evidence. The applicant has been in custody since 09.01.2026, and
the trial is likely to take considerable time to conclude; therefore,
considering his prolonged detention, he deserves to be released on
bail. It is further submitted that out of four criminal cases registered
against the applicant, only one case is presently pending. The
applicant reserves his right to raise additional grounds at the time of
hearing. He is a permanent resident as mentioned in the cause title,
and there is no likelihood of his absconding. The applicant undertakes
to furnish adequate surety and to abide by all terms and conditions
that may be imposed by this Hon'ble Court.
4. On the other hand, learned State Counsel opposes the bail application
of the present applicant and submits that the applicant has four
previous criminal antecedent, therefore, he is not entitled to the grant
of regular bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the overall facts and circumstances of the case, the
nature and gravity of the offence alleged against the applicant, and
further taking into account the period of detention, as the applicant
has remained in judicial custody since 09.01.2026, and that the
charge-sheet has not yet been filed and the conclusion of the trial is
likely to take considerable time, this Court is inclined to grant regular
bail to the present applicant.
7. Let the Applicant - Sarjaan Gendre, involved in Crime No. 25/2026
registered at Police Station - Bhatapara (Gramin), District
Balodabazar - Bhatapara (C.G.), for the offences punishable under
Section 34(2) of the C.G. Excise Act and Section 111 of the BNS, be
released on bail on his furnishing personal bond 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 his 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
Vaibhav
