1 2025:CGHC:17226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2390 of 2025 1. Harish Gandharv S/o Ramkumar Gandharv Aged About 34 Years R/o Village- Lakhanpurkala, Police Station And Tahsil- Pipariya, District- Kabirdham (C.G.) 2. Ajay Chandravanshi S/o Shravan Chandravanshi Aged About 21 Years R/o Village- Lakhanpurkala, Police Station And Tahsil- Pipariya, District- Kabirdham (C.G.) ... Applicants versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Pipariya, District- Kabirdham, Chhattisgarh ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 26/2025 registered at Police Station Pipariya, District Kabirdham ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:28 +0530 2 (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicants. 3. The prosecution's case, in brief, is that on 28.01.2025, based on secret information, the police of Police Station Pipariya conducted a raid at Village Lakhanpur, on a government land near a pond. They seized 187 quarters of country plain liquor, each containing 180 ml, totaling 33.660 bulk liters, from co-accused Manoj Chandravanshi, who was taken into custody. Based on his memorandum statement, the present applicants were implicated and arrested on 28.02.2025. After seizing articles, arresting the accused, recording witness statements, and completing the investigation, a charge-sheet was filed before the Chief Judicial Magistrate, Kawardha, District Kabirdham (C.G.), where Criminal Case No. 1412/2025 is pending trial. 4. Learned Counsel for the applicants submits that the present applicants has been falsely implicated in this case and the said liqour were were not seized from the exclusive possession of the applicants. It is further argued by him that the applicant No. 01 has no criminal antecedents under the Excise Act and the applicant No. 02 has only one criminal antecedent under the Excise Act which has already been disposed of. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicants have been in jail since 28.02.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the 3 present case before the competent Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants and the fact that the applicant No. 01 has no criminal antecedents under the Excise Act and the applicant No. 02 has only one criminal antecedent under the Excise Act which has already been disposed of, moreover, the fact that the charge-sheet has been filed before the competent Court and they are in jail since 28.02.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the applicants – Harish Gandharv and Ajay Chandravanshi , involved in Crime No. 26/2025 registered at Police Station Pipariya, District Kabirdham (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicants, be released on bail on his furnishing a personal bond with two 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 4 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 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 fail 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. (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 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek