1 2025:CGHC:13370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1638 of 2025 Ashish Kurre S/o Basant Kurre Aged About 20 Years R/o Dashrma Road Balodabazar, P.S. Balodabazar, District Balodabazar Bhatapara Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, P.S. City Kotwali, Balodabazar, District Balodabazar Bhatapara Chhattisgarh. --- Non-applicant MCRC No. 1758 of 2025 Narayan Sonwani @ Bau @ Rocky S/o Dilip Sonwani Aged About 20 Years R/o Atal Awas Balodabazar, P.S. City Kotwali Balodabazar, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through The Station House OfÏcer, P.S. City Kotwali Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh --- Non-applicant For Applicants : Mr. Nitesh Sahu, Advocate For Non-applicants : Ms. Shubha Shrivastava, Panel Lawyer 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 72/2025, registered at Police Station City Kotwali Balodabazar District – Balodabazar (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief is that on 18/01/2025, on the basis of information received from the informant to head constable, P.S. City Kotwali Balodabazar staff reached on rawan bhatti road, stopped scooty vehicle which was driven by present applicants. The police found a bag held between both the person and confiscated 34.56 bulk litre of country made masala liquor alongwith mobile of both the accused. The police issued notice u/s 94 of B.N.S.S. to the accused to no documents was submitted by the accused with respect to confiscated liquor. On the basis of which both the applicants were arrested by the police of Police Station City Kotwali balodabazar, Dist- Balodabazar-bhatapara (C.G.), for the alleged offence punishable under Section(s) 34(2) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicants are falsely implicated in this case. He also submits that the applicant 3 Narayan Sonwani has 2 criminal antecedents under the excise Act, out of which one case has been disposed off. He further submits that applicants are in jail since 18.01.2025, the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail applications and submits that the charge-sheet has already been filed before the competent Court. He further submits that from the possession of the present applicants 34.56 bulk litre of country made masala liquor were seized, therefore, they are not entitled for grant of regular bail. 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, nature and gravity of allegation levelled against both the applicants and the fact that the applicants has two criminal antecedents, also considering the fact that the charge-sheet has been filed and both the applicants are in jail since 18.01.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Let applicant, Ashish Kurre and Narayan Sonwani @ Bau @ Rocky, involved in Crime No. 72/2025, registered at Police Station City Kotwali Balodabazar District – Balodabazar (C.G.) for the offence 4 punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bonds with two local sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicants 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 applicants is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.21 17:21:32 +0530