Chattisgarh High Court
Sheikh Sajid vs State Of Chhattisgarh on 6 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:15577
NAFR
Digitally
signed by
VAIBHAV
VAIBHAV SINGH
SINGH Date:
2026.04.07
10:52:16
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3051 of 2026
Sheikh Sajid S/o Sheikh Sikandar Aged About 34 Years R/o Village- Pondi,
Out Post- Pondi, Police Station- Bodla, District- Kabirdham, C.G.
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station- Bodla,
District- Kabirdham, C.G. ... Respondent
For Applicant : Ms. Chetna Sharma, Advocate
For Respondent/State : Ms. Anusha Naik, Dy. Govt. Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
06/04/2026
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. 199/2025, registered at Police Station : Bodla, District- Kabirdham (C.G.) for the offence punishable under Sections 34(1)(b), 34(2), 35, 49(a) and 59(a) of the C.G. Excise Act and Section 318(4), 336(2), 336(3), 340(2), 3(5) of BNS.
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2. The case of the prosecution in brief is that on 26.11.2025, Sub-
Inspector Laxminarayan Sao, posted at Police Outpost Pondi, Police Station Bodla, District Kabirdham, along with other police staff, proceeded on patrol duty for crime detection. During the course of patrolling, a credible secret information was received that one co- accused Nandkumar Kurre, along with his associates, was illegally manufacturing spurious liquor at his house in village Pondi. After recording the said information and completing necessary formalities, the police party reached the spot and conducted a raid by surrounding the house. At the spot, co-accused Nandkumar Kurre, Islam @ Saddu Khan, Sheikh Sajid and Chhotu @ Dinesh Chandravanshi were found present. Upon inquiry, they admitted to be engaged in manufacturing fake liquor. After conducting a lawful search, the police recovered from their joint possession 49 quarters (180 ml each) of spurious country liquor totaling 8.82 bulk litres, 42 white plastic jerry cans of 25 litres each, water jars, stickers of "Romeo Desi Plain Madira," hologram stickers, a capping (punching) machine, empty bottles, caps, blue drum, colour printer and mobile phones, which were seized in accordance with law. The co-accused persons were arrested and produced before the competent Court. During investigation, it was revealed that co-accused Sheikh Sajid had established contact with one Mohan, resident of Jamshedpur (Tatanagar), and the present applicant/accused Rakesh Kohli, who used to supply raw materials such as chemicals, stickers, bottle caps and sealing machines for manufacturing spurious liquor. On the basis of such evidence, the present applicant was also found involved in the commission of the offence and was arrested on 30.11.2025. Accordingly, offence has 3 been registered at Police Station Bodla, District Kabirdham vide Crime No. 199/2025 under Sections 34(1)(b), 34(2), 35, 49A, 59A of the Chhattisgarh Excise Act and Sections 318(4), 336(2), 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, and after completion of investigation, charge-sheet has been filed before the competent Court.
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 no incriminating material, contraband, or illicit liquor has been recovered from the possession of the applicant and his implication is based solely on the memorandum of co-accused persons. It is further submitted that the alleged recovery of spurious liquor and manufacturing materials has been effected from the premises of the co-accused persons, not from the present applicant and there is no material to establish that the applicant was present at the spot or involved in the alleged manufacturing activity. It is also argued that there is nothing on record to show that the applicant had any knowledge regarding the alleged use of materials for manufacturing spurious liquor, even if the prosecution case is taken at its face value. He further submits that the co-accused persons have falsely implicated the applicant in order to dilute their own liability. It is further contended that the offence under Section 34(2) of the Chhattisgarh Excise Act carries a minimum punishment of one year which may extend to three years and considering the period of detention already undergone by the applicant since 30.11.2025, his continued incarceration would amount to pre-trial punishment, particularly when the trial is likely to take considerable time. It is lastly 4 submitted that similarly situated co-accused, namely Idris Khan @ Pintu, has already been granted bail by this Court in MCRC No. 2472/2026 vide order dated 17.03.2026, and therefore, on the ground of parity also, the present applicant deserves to be enlarged on bail.
4. On the other hand, learned State counsel opposes the bail application and submits that in the present case, charge-sheet has already been filed before the competent Court and the allegations against the applicant are serious in nature, relating to organized illegal manufacture of spurious liquor affecting public health. It is contended that during investigation, sufficient material has been collected indicating the involvement of the applicant in supplying chemicals and other materials used in the manufacture of illicit liquor and a substantial quantity of spurious liquor along with manufacturing equipment has been seized from the co-accused persons. It is further submitted that merely because no recovery has been effected from the applicant, he cannot be absolved at this stage, as his complicity has emerged from the statements of co-accused and other evidence collected during investigation and therefore, considering the gravity of the offence, the applicant is not entitled to be enlarged on 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 the allegations levelled against the applicant and the fact that the applicant has no criminal antecedents, further considering that the charge-sheet has already been filed before the competent Court and that the alleged liquor has been seized from the possession of the co-accused, not from the present applicant, who 5 has been implicated only on the basis of the memorandum statements of the co-accused and moreover, considering that the co-accused persons, namely Chotu @ Dinesh Chandravanshi and Idris Khan @ Pintu, have already been granted bail by this Court in MCRC No. 2733/2026 and MCRC No. 2472/2026 vide orders dated 23.03.2026 and 17.03.2026 respectively and that the present applicant is in judicial custody since 30.11.2025 and the conclusion of trial is likely to take some time, I am inclined to grant regular bail to the present applicant.
7. Accordingly, the bail application of the applicant is allowed.
8. Let applicant, Sheikh Sajid, involved in Crime No.199/2025, registered at Police Station : Bodla, District- Kabirdham (C.G.) for the offence punishable under Sections 34(1)(b), 34(2), 35, 49(a) and 59(a) of the C.G. Excise Act and Section 318(4), 336(2), 336(3), 340(2), 3(5) of BNS, 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 6 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 vaibhav