1 2025:CGHC:1258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 107 of 2025 Vishnudas Manikpuri S/o Dhanidas Manikpuri Aged About 41 Years R/o Village Bagdehi, P.S. Kurud, District Dhamtari (C.G.) --- Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Kondagaon, District Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Sajal Gupta, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 382/2024, registered at Police Station : Kondagaon, District Kondagaon (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 the police of Police Station : Kondagaon, District Kondagaon (C.G.), received an information from the informant and on the basis of the said RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.09 10:55:07 +0530 2 information conducted a raid and seized 468 bulk liters of foreign liquor from the joint possession of the present applicant along with other co-accused. Thereafter, Police has registered an offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that the present applicant has no criminal antecedents. He further submits that the other co-accused person, namely, Baljeet Sethiya, in MCRC No. 8930/2024 vide order dated 02.01.2025, has already been granted regular bail by this Hon’ble Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the joint possession of the present applicant and other co-accused 468 bulk liters of foreign liquor was seized, therefore, he is not entitled for grant of 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 that the present applicant has no criminal antecedent and further 3 the fact that co-accused person, namely, Baljeet Sethiya, in MCRC No. 8930/2024 vide order dated 02.01.2025, has already been granted regular bail by this Court and also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 08.11.2024 and the conclusion of the trial may takes some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant, Vishnudas Manikpuri, involved in Crime No. 382/2024, registered at Police Station : Kondagaon, District Kondagaon (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two 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 sufÏcient 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 4 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 sufÏcient 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. 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 Rahul Dewangan