1 2025:CGHC:14940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2004 of 2025 Jeevan Yadav S/o Gokul Yadav Aged About 49 Years R/o Ward No. 05, Sanjay Nagar, Mahasamund, P.S. Mahasamund, Tehsil nd District Mahasamund, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Police Station- Mahasamund, District Mahasamund, Chhattisgarh. --- Non-applicant MCRC No. 2149 of 2025 Lalit Yadav S/o Jeevan Yadav Aged About 25 Years R/o Ward No. 05, Sanjay Nagar, Mahasamund, P.S. Mahasamund, Tehsil and District Mahasamund, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station- Mahasamund, District Mahasamund, Chhattisgarh. --- Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI 2 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/03/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 58/2025 registered at Police Station- Mahasamund, District Mahasamund for the offence punishable under Section 34(2) of C.G. Excise Act. 3. As per the prosecution case, in brief is that on 09/02/2025, Assistant Sub-Inspector Ashwani Markandey of Police Station Mahasamund received information from an informer that Jeevan Yadav and his son Lalit Yadav, residents of Ward No. 07 Noorani Chowk Nayapara Mahasamund are illegally storing and selling country and foreign liquor in their house. In confirmation of the above information, Jeevan Yadav and Lalit Yadav were surrounded and questioned at Jeevan Yadav's residence Noorani Chowk Mahasamund. In their joint search, 43 bottles of Jammu Goa Special Whiskey were found in a white plastic bag. Each bottle was filled with 180-180 ml liquor. A total of 7740 ml of Jammu Goa Special Whiskey liquor and 65 and 76 pieces of Desi Plain liquor in two separate plastic bags, each bottle 180 ml, total 11700 ml and 13680 ml Desi Plain liquor respectively, total 33120 ml of illegal liquor and sale amount of Rs 1620/- were recovered. The applicants/accused was served a notice and asked to produce valid documents regarding the possession of the said liquor, but he said that they were not available. 3 The applicant/accused was arrested on the spot and offence has been registered under section 34 (2) of Chhattisgarh Excise Act and the present applicants have been arrested by the Police ofÏcer on 09.02.2025 and they are in judicial custody since then. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in that case. He further submits that the Police have not seized the alleged liquor from the possession of the present applicants. He also submits that the applicant, namely, Jeevan Yadav has no previous criminal antecedents and the applicant, namely, Lalit Yadav has two previous criminal antecedents, the charge-sheet has been filed and they are in jail since 09.02.2025. Hence, he prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has been submitted. He further submits that total 33120 ml of illegal liquor and sale amount of Rs 1620/- were recovered from the possession of the present applicants. He further submits that applicant, namely, Jeevan Yadav has no previous criminal antecedents and the applicant, namely, Lalit Yadav has one previous criminal antecedent. Therefore, they are not entitled for grant of regular bail. 6. I have heard learned counsel for the State and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that applicants, namely, Jeevan Yadav has no previous criminal antecedents and the applicant, namely, Lalit Yadav has one previous criminal antecedent, further the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 09.02.2025, therefore, this Court is of the view that the applicants are entitled to be 4 released on bail in this case. 8. Accordingly the bail applications are allowed. Let the applicants – Jeevan Yadav (MRCR No. 2004/2025) and Lalit Yadav MCRC No. 2149/2025) involved in Crime No. 58/2025 registered at Police Station- Mahasamund, District Mahasamund for the offence punishable under Section 34(2) of C.G. Excise Act, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 BNS. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 BNS. (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 are deliberate or without sufÏcient 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd Sd/- (Ramesh Sinha) Chief Justice Preeti