[Cites 3, Cited by 0]
Chattisgarh High Court
Avadhesh Singh vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13255
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1966 of 2026
MUDALIAR
Avadhesh Singh S/o Shri Ambika Singh Aged About 55 Years R/o- Village
Digitally signed by
GOURI Pirdhu, Salaiya, District- Aurangabad (Bihar) Present Address- Village
MUDALIAR
Date: 2026.03.19 Karanja, Liquor Shop Karanja, Tahsil Lanji, District- Balaghat (M.P.)
18:03:37 +0530
...Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station-
Dongargarh District- Rajnandgaon (Chhattisgarh)
... Respondent
For Applicant : Shri Saurabh Gupta, 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 on 17.12.2025, the Police of
Police Station Dongargarh received secret information from an
informant that a huge quantity of illegally M.P. Manufactured liquor was
stored and being sold from the house of Birbal Verma, situated Near
Shitla Temple at Village Musrakhurd, by filling liquor in Madhya
Pradesh bottles and affixing false labels of C.G. Aavkari's Jammu
Special Whisky. Acting upon the said information, the police party went
to the spot and conducted a raid at the house of co-accused Birbal
Verma, where two persons were found present. On enquiry, one
disclosed his name as Birbal Verma, while the other disclosed his
name as Chandrakant @ Sonu during search total quantity of 62.64
bulk litres of illegal liquor was seized from the said house and the co-
accused persons have named one Rajpal Bhatiya therefore the police
arrested said Rajpal recorded his memorandum in the said
memorandum he named the applicant saying that the liquor was
purchased from the Karanja shop, P.S. Lanjhi, Distt.-Balaghat where
the applicant is working as Manager. Thereafter, the present applicant
was arrested on the basis of suspicion.
3. Learned counsel submits that the applicant is innocent and has been
falsely implicated in the present case. It is argued that the applicant's
name does not appear in the FIR dated 17.12.2025, and his implication
is solely based on the memorandum statement of a co-accused. It is
further submitted that no recovery has been made from the possession
of the applicant, and the entire alleged contraband was seized from co-
accused persons. The applicant is merely an employee of a licensed
liquor shop in Karanja, Madhya Pradesh, and has no connection with
any alleged illegal activity. He also submits that applicant is in jail since
06/01/2026 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 applicant happens to be the
Manager of the liquor shop from where the co-accused persons have
purchased the liquor i.e. 62.64 bulk litres. He would submit that the
applicant has no criminal antecedents.
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,
considering the fact that the applicant happens to be the Manager of
the liqour shop from where the co-accused persons have purchased
the liqour, applicant is in jail since 06/01/2026, he has no criminal
antecedents and further the conclusion of the trial may take some more
time, 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 - Avadhesh Singh, 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 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 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
