DALENDRA KUMAR SAPHA vs THE STATE OF CHHATTISGARH

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CGHC010425742026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10441 of 2026
Dalendra Kumar Sapha S/o Shri Gajadhar Sapha Aged About 36 Years
R/o Sheetalpara Gurur, Thana-Gurur, Distt. - Balod (C.G.)
... Applicant(s)
versus
The State Of Chhattisgarh Through Station House Officer, Police
Station - Arjuni, Distt.- Dhamtari (C.G.)

... Non-Applicant(s)
For Applicant : Mr. Sunil Sahu, Advocate.
For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
03/11/2026
1. 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.
90/2026 registered at Police Station Arjuni, District Dhamtari
(C.G.), for the offence punishable under Section 34(2) of the
Chhattisgarh Excise Act.

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The prosecution story, in brief, is that on 25.07.2026, the police of
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Police Station Arjuni, District Dhamtari, received secret
information that co-accused Khilendra Sahu @ Golu and Kamlesh
Sahu had stored a huge quantity of liquor at village Dhourbhatha
for the purpose of sale. Acting upon the said information, the
police conducted a search and seized 457.920 bulk litres of liquor
kept in boxes at the houses of the said co-accused persons. As
they failed to produce any valid documents regarding the
possession of the liquor, they were arrested and their
memorandum statements were recorded, wherein they allegedly
disclosed that the liquor had been purchased from the
Government liquor shop at Balod. During further inquiry, it was
revealed that the liquor had allegedly been sold by the employees
of the said shop after its closing hours. Consequently, the present
applicant, who was working as a security guard at the said liquor
shop, along with other employees, was implicated in the present
case. After completion of the investigation, charge-sheet has been
filed before the competent Court.
Learned counsel for the applicant would submit that the applicant
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is innocent and has been falsely implicated in the present case.
He would further submit that no liquor was seized from the
possession of the applicant and his implication is solely on the
ground that he was working as a security guard at the liquor shop
from where the co-accused persons allegedly purchased the

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seized liquor. He would further submit that the applicant had no
role in the alleged sale of liquor, as his duty was confined to the
security of the shop. He would also submit that similarly situated
co-accused persons, namely Yashpal Deshmukh, Chumman Lal
Neelmalkar and Dilip Kumar, have already been granted bail by
this Court in MCRC No. 10104 of 2026 vide order dated
28.10.2026 and the case of the present applicant is similar to that
of the said co-accused persons. He would further submit that the
applicant has no criminal antecedents, charge-sheet has already
been filed and the trial is likely to take considerable time to
conclude. Therefore, he prays for grant of regular bail to the
applicant.
On the other hand, learned State counsel would oppose the
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prayer for grant of bail and submit that the applicant was working
as a security guard at the liquor shop from where the co-accused
persons allegedly purchased the liquor involved in the present
case. However, she would fairly submit that the applicant has no
criminal antecedents and the charge-sheet has already been filed
before the competent Court. Nevertheless, considering the
seriousness of the allegations, she prays for rejection of the bail
application.
I have heard learned counsel for the parties and perused the case
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diary.
6. Having considered the facts and circumstances of the case,

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nature and gravity of the offence alleged against the applicant, the
fact that the alleged liquor was seized from the possession of co-
accused Khilendra Sahu @ Golu and Kamlesh Sahu and no
recovery has been made from the present applicant and further
considering that similarly situated co-accused persons, namely
Yashpal Deshmukh, Chumman Lal Neelmalkar and Dilip Kumar,
have already been granted bail by this Court in MCRC No. 10104
of 2026 vide order dated 28.10.2026, the applicant has no
criminal antecedents, charge-sheet has already been filed and he
is in judicial custody since 11.08.2026, thus without further
commenting upon the merits of the case, this Court is inclined to
grant bail to the applicant.
7. 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:-
(i) he shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the
Court;

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(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each
and every date given to him by the said Court till
disposal of the trial.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal