Tejeshwar Sahu vs State Of Chhattisgarh

This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 537/2026 registered at Police Station Dongargarh, District Rajnandgaon (C.G.), for the offences punishable under Sections 34(2), 36, 49-A and 59-A of the Chhattisgarh Excise Act and Sections 111, 338, 336(3), 340(2), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

As per the prosecution story, on 11.09.2026, acting upon secret information regarding illegal storage of English liquor at a farmhouse situated at Village Mohara, the police conducted a search and allegedly seized 89.46 bulk litres of English liquor along with a large quantity of empty bottles, stickers, labels and other packaging materials from the possession of co-accused. During investigation, the name of the present applicant surfaced on the basis of the statements of co-accused persons. Based upon such, aforesaid offences were registered against the applicant.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that no incriminating article has been seized from the possession of the applicant and his alleged involvement is based merely on the statements of co-accused persons. He would also submit that similarly situated co-accused Puran Verma has already been granted regular bail by this Court in MCRC No. 10057/2026 vide order dated 27.10.2026 and the case of the present applicant stands on a better footing. The applicant has no criminal antecedents, is in jail since 18.09.2026 and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of bail to the applicant.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the charge-sheet has already been filed before the competent Court. He would further submit that, looking to the huge quantity of liquor and other articles seized in the present case, as well as the nature and manner in which the alleged offence has been committed, the applicant is not entitled to be released on bail.

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

Having considered the facts and circumstances of the case, nature and gravity of allegations, the role attributed to the applicant, the fact that no incriminating article has been seized from his possession and further considering that similarly situated co-accused Puran Verma has already been granted regular bail by this Court in MCRC No. 10057/2026 vide order dated 27.10.2026, the applicant has no criminal antecedents, charge-sheet has already been filed before the competent Court, the applicant is in jail since 18.09.2026 and the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant is entitled to be released on bail.

Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-