[Cites 5, Cited by 0]
Chattisgarh High Court
Chandrakant Sen @ Sonu Sen vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR 2026:CGHC:13254
Date: 2026.03.19
18:19:12 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1780 of 2026
Chandrakant Sen @ Sonu Sen S/o Khyali Ram Sen Aged About 28
Years Resident Of Village- Chhipa, Tahsil Dongargarh, Police Station
Dongargarh District- Rajnandgaon (C.G.)
... Applicant
versus
State Of Chhattisgarh Through- The Station- House Officer Police Of
Police Station Dongargarh District- Rajnandgaon (C.G.)
... Respondent
For Applicant : Shri Shikhar Sharma, Advocate.
For : Shri Sourabh Sahu, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
19/03/2026
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.606/2025 registered at Police Station
Dongargarh, District- Rajnandgaon (C.G.) for the offence
punishable under Sections 34(2) & 59(A) of C.G. Excise Act and
sections 339, 366(3) & 340(2) of BNS, 2023.
2. Case of the prosecution, in brief, is that upon the information
received from one informant, the police conducted raid in the
house of co-accused Birbal Verma and then made seizure of total
62.64 bulk liter of illicit liquor from the co-accused Birbal Verma
and from the present applicant made seizure of 62 pieces of
Jammu Special Whiskey sticker containing total 1860 pieces
sticker and 85 pieces of Gowa Special Whisky English Liquor
Label of Chhattisgarh Excise, 3 pieces of Iron article, 02 pieces
scissors Bombay Special Whiskey Sticker containing impression
of Madhya Pradesh Excise and real-me mobile containing a SIM
and after making seizures from the accused persons, the FIR as
mentioned above got registered against them.
3. Learned counsel submits that the applicant is innocent and has
been falsely implicated in the present case. It is contended that
the applicant has no role in the alleged offence and no recovery
has been made from his possession, as the entire seizure was
effected from the co-accused persons. It is further submitted that
the applicant has no connection with the co-accused and has
been implicated merely on suspicion. The applicant is a poor
labourer and was present at the spot only for work, and not in
connection with any illegal activity. He would submit that the
applicant has four criminal antecedents under the Excise Act, out
of which in one case under Section 34 (2) of Excise Act, he has
been acquitted and in three cases under Section 36 (C) of Excise
Act, fine amount has been deposited. He also submits that
applicant is in jail since 18/12/2025 and the conclusion of the trial
is likely to take quite long time. Therefore, he prays for grant of
regular bail to the applicant.
4. Learned counsel for the State/non-applicant would oppose the bail
application. He would submit that the police conducted a raid at
the house of co-accused Birbal Verma and seized 62.64 bulk litres
of illicit liquor and from the present applicant, stickers/labels of
liquor brands, certain tools, and a mobile phone were seized. He
would submit that the applicant has four criminal antecedents
under the Excise Act, out of which in one case under Section 34
(2) of Excise Act, he has been acquitted and in three cases under
Section 36 (C) of Excise Act fine amount has been deposited.
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, period of
detention of the applicant since 18/12/2025 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 - Chandrakant Sen @ Sonu Sen, involved in
Crime No.606/2025 registered at Police Station Dongargarh,
District- Rajnandgaon (C.G.) for the offence punishable under
Sections 34(2) & 59(A) of C.G. Excise Act and sections 339,
366(3) & 340(2) of BNS, 2023 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 forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
gouri
