Sunil Lilhare vs State Of Chhattisgarh

Ramesh Sinha, CJ

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.219/2025 registered at Police Station Amanaka, Raipur, C.G. for the offence punishable under Sections 34(2), 36 of the Excise Act.

Case of the prosecution, in brief, is that 07.07.2025, the 2 other co-accused were arrested by the investigating agency while intercepting their vehicles when a total of 180 bulk litres of foreign liquor was recovered out of which 90 litres was recovered from vehicle no. CG04NL6526 and the remaining 90 litres was recovered from vehicle no. CG04PT7888 and in these 2 vehicles, the said 2 co-accused namely Dipesh and Sujeet were travelling. Memorandum of the said co-accused was recorded in which the applicant herein was named by them. The applicant after arrest was presented before the concerned Judicial Magistrate First Class which remanded him to judicial custody.

Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant was not present on the spot of raid and no liquor has been seized from the applicant herein and the only material against him is the memorandum of the co-accused. He would submit that the charge sheet has been filed in this case, applicant has no criminal antecedent and he is in jail since 12/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court, the applicant has no criminal antecedents and liquor has not been seized from the possession of the applicant.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, considering the fact that liquor has not been seized from the possession of the applicant, he has been implicated only on basis of memorandum of co-accused person, period of detention of the applicant since 12/08/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

Accordingly, the bail application is allowed and it is directed that the Applicant- Sunil Lilhare, involved in Crime No.219/2025 registered at Police Station Amanaka, Raipur, C.G. for the offence punishable under Sections 34(2), 36 of the Excise Act, 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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.