Chattisgarh High Court
Surjeet Kumar Diwakar vs State Of Chhattisgarh on 3 March, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:10289
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1709 of 2025
1 - Surjeet Kumar Diwakar S/o Bhaharda Diwakar Aged About 39 Years
R/o Village Dumarpara, Thana Baradwar, District Sakti Chhattisgarh.
... Applicant(In Jail)
versus
1 - State Of Chhattisgarh Through Police Station Baradwar, District Sakti
Chhattisgarh.
... Respondent(s)
(Cause Title taken from Case Information System) For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant : Mr. Shakib Ahmed, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.18 of 2025 registered at Police Station - Baradwar, District-Sakti(C.G.) for the offence punishable under Section 34(2) of the Excise Act.
2. Case of the prosecution, in brief, is that on 22.01.2025 the police of Digitally signed by NISHA NISHA DUBEY Date:
DUBEY 2025.03.04 12:18:01 +0530 Police Station-Baradwar, District-Sakti received secret information 2 from informant. On the basis of the secret information, the police made search of applicant and seized 30 litre Mahua liquor from the possession of applicant and applicant was arrested by the police.
3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case. No case is made out against the applicant. He is in custody since 22.01.2025. After completion of investigation, charge-sheet has been filed and he is ready to abide by all the conditions and directions, which may be imiposed while granting bail to him. Hence, it is prayed that he may be enlarged on bail.
4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submits that in total 30 bulk liter illicit liquor has been seized from the possession of the applicant. Also, against this applicant five previous cases for the offence under the provisions of the CG Excise Act are registered. It is submitted that looking to the previous history of the applicant he is not entitled for grant of bail.
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 that applicant is in jail since 22.01.2025 and 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. 3
7. Let the Applicant-Surjeet Kumar Diwakar involved in Crime No. 18/2025 registered at Police Station Baradwar, District Sakti(C.G.), for the offence punishable under Section 34(2) of Excise Act, be released on bail on him 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 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code.4
(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 313 Cr.P.C. 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously in accordance with law, if there is no legal impediment.
9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance within one week from today.
- Sd/-
(Ramesh Sinha)
Chief Justice
Nisha