Chattisgarh High Court
Ganesh Narayan Bhojne vs State Of Chhattisgarh on 31 July, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:37698
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 5754 of 2025
1 - Ganesh Narayan Bhojne S/o Narayan Bhojne Aged About 45 Years Caste Kunbi
Maratha, Presently R/o Aquera Sadan, Room No. 309, 3rd Floor, Sarsole, Navi Mumbai,
Maharashtra
2 - Rohidas Satardekar S/o Harischandra Gopal Satardekar Aged About 65 Years Presently
R/o A-3, Khanna Compound, Vitthalwali West, Near Maruti Mandir, Mumbai, Maharashtra
3 - Suraj Kadam S/o Sudam Kadam Aged About 35 Years Present R/o Bhandup West, Vipej
Road, Shashtri Nagar, Anjani Stent, Charl No. 12 Room No. 9, Near Shiv Mandir, Mumbai,
Maharashtra
... Applicant(s)
versus
State Of Chhattisgarh Through Police Station- Dongargarh, District Rajnandgaon,
Chhattisgarh
... Respondent(s)
For Applicant(s) : Mr. Siddharth Pandey, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy. A.G. along with Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025
1. The applicants have preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 127/2025, registered 2 at Police Station Dongargarh, District- Rajnandgaon, (CG) for the offence punishable under Section 34(2) and 59 of C.G. Excise Act, 1915 and Sections 111, 338, 336(3), 340(2) of BNS, 2023.
2. The prosecution story in brief is that on 29.03.2025, the officers of Police Station Dongargarh got a tip-off to the effect that inside the farm house of Rohit Netam alias Sonu (co-accused) located on the way to Village Karwari Latmarra contains a significant quantity of illicit liquor boxes, illegally transported from Madhya Pradesh, affixed with fake "CG" labels and seals, intended to illicit sale. The police officers during the search intercepted and seized a total of 3888 bulk litres of illicit liquor. On the basis of aforementioned, an FIR was registered against the present co-accused Rohit Netam alias Sonu for the offence punishable under Sections 34(2) and 59 of CG Excise Act. Thereafter, the investigation was carried out to its logical end and the complicity of the other 27 co-accused including the present applicants came to light.
3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicants have been roped into the offence on the basis of the memorandum statements of the co-accused. The applicants are in jail since 16.04.2025 Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants.
4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the 3 present case before the competent Court, therefore, they are 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, particularly the fact that the applicants have been arrested on the basis of the memorandum statement of other co-accused persons, the applicants are in jail since 16.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Let the Applicants- Ganesh Narayan, Rohidas Satardekar and Suraj Kadam, involved in Crime No. 127/2025, registered at Police Station Dongargarh, District- Rajnandgaon, (C.G.) for the offence punishable under Section 34(2), 59-A of C.G. Excise Act, 1915 and Sections 111, 338, 336(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 4 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.5
8. 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