Chattisgarh High Court
Nandkumar Kurre vs State Of Chhattisgarh on 6 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by 2026:CGHC:15609
GOURI MUDALIAR
Date: 2026.04.07
14:54:09 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3063 of 2026
Nandkumar Kurre S/o Faguram 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. Divya Sahu, Advocate holding brief of Shri Rajeev Kumar Dubey, Advocate.
For : Ms. Anusha Naik, Dy.G.A.
Respondent/State
Hon'ble Shri 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, 2 49(a), 59(a) of Excise Act and Sections 318(4), 336(2), 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution in brief is that the police received information from an informant that Nandkumar Kurre of Village Pondi, along with his associates, was manufacturing spurious liquor in his house. Acting upon this information, a police team reached the house of Nandkumar Kurre and surrounded it. At the house, Nandkumar Kurre, Islam alias Suddu, Sheikh Sajid, and Chhotu alias Dinesh Chandravanshi were found. Upon interrogation, all of them allegedly admitted to manufacturing fake liquor. During the search of the accused persons, the following items were seized from their joint possession (1) 49 quarters of fake country-made plain liquor labeled "Romeo Desi Plain Madira, each containing 180 ml, sealed; total quantity 8.82 bulk liter; (2) 42 white 25-liter jerry cans; (3) 19 plastic jars; (4) 6 bundles of stickers labeled "Romeo Desi Madira Plain, each bundle containing 500 stickers; (5) 8 sheets of hologram stickers, each sheet containing 24 hologram stickers; (6) 1 set of a punching machine used for sealing caps; (7) 7 sacks of empty 180 ml bottles, each sack containing 200 bottles; (8) One plastic sack containing tin caps for 180 ml quarter bottles, bearing English text; (9) Two water jars fitted with taps; (10) One blue 200-liter drum; (11) One HP company color printer; (12) Five touchscreen mobile phones and two keypad mobile phones. At Police Station Bodla, Crime No.199/2025 was registered under Sections 34(1)(b), 34(2), 35, 49A, 59A of the Excise Act and Sections 318(4), 336(2), 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and the accused persons were arrested.
3. Learned counsel for the applicant submits that the applicant is innocent 3 and has been falsely implicated in the present case. He would submit that the allegations against the present applicant is that he used to support the co-accused persons to produce counterfeit liquor and paste duplicate stickers but the seized counterfeit liquor was sent to FSL which was found Ethyl Alcohol in chemical examination. He would submit that the alleged liquor has not been seized from the conscious possession of the present applicant and allegedly the police recovered from open place. 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 26.11.2025, his continued incarceration would amount to pre-trial punishment, particularly when the trial is likely to take considerable time. It is lastly submitted that co-accused persons namely Idris Khan @ Pintu and Chotu @ Dinesh Chandravanshi have been granted regular bail by this Court in MCRC No. 2472/2026 and MCRC No. 2733/2026 vide orders dated 17.03.2026 and 23.03.2026 respectively 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 but she do not dispute the fact that co-accused persons have been granted regular bail by this Court. She would submit that the applicant has no criminal antecedents.
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, 4 nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no criminal antecedents, further considering that the charge-sheet has already been filed before the competent Court, moreover, considering that the co-accused persons namely Idris Khan @ Pintu and Chotu @ Dinesh Chandravanshi have been granted regular bail by this Court in MCRC No. 2472/2026 and MCRC No. 2733/2026 vide orders dated 17.03.2026 and 23.03.2026 respectively and that the present applicant is in judicial custody since 26.11.2025, and the conclusion of trial is likely to take some time, therefore I am inclined to grant regular bail to the present applicant.
7. Accordingly, the bail application of the applicant is allowed.
8. Let applicant, Nandkumar Kurre, 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), 59(a) of Excise Act and Sections 318(4), 336(2), 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 5 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 gouri