1 2025:CGHC:16920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2861 of 2025 Vijay Prakash Ray S/o Ramvriksh Ray Aged About 53 Years R/o Shanti Nagar, State 5B, House No. 526, Supela Bhilai, (Wrongly Mentioned As Bilai) District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Hathband, District Baloda Bazar-Bhatapara Chhattisgarh ... Respondent For applicant : Shri Jitendra Gupta, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/04/2025 1. Proceeding of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193/2024 registered at Police Station Hathband, District Baloda Bazar- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.17 11:21:52 +0530 2 Bhatapara (C.G.) for the offence punishable under Sections 34(2), 59(A) and 36 of Excise Act and Section 111 of Bharatiya Nyay Sanhita. 3. Case of the prosecution is that on the date of incident i.e. on 13/10/2024 the police has received information regarding illegal illicit liquor upon which the police raided the place Yadu Farm House Kedar Badi Kesda where after preparing the panchnama, seized 532 Box of liquor from the possession of three co-accused persons namely Laxminath Yadu, Sarju Yadu and Baratu Yadav. Further the above named accused persons were arrested on 14/10/2024. Further the memorandum has been recorded and the accused persons has disclosed the fact that along with other absconded persons namely Sanjay Dhritlahre and Gopi Dhritlahre and other accused persons they were involved in the alleged offence and used to sale the alleged non duty liquor of Madhya Pradesh after making of Chhattisgarh. On 06/12/2024 co-accused Gopi Dhritlahre was arrested and upon his memorandum name of other accused person have been disclosed and they have also been arrested. Further during investigation Sonu Chature and Dilip Lahre was arrested and memorandum statement has been recorded. The present applicant has been arrested on the basis of the memorandum statement of the accused persons and certain articles like empty bottle, bottle cap, sticker etc have been seized. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 532 box of liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has two criminal antecedents at Crime No.529/2001 (Excise Act) and Crime No. 446/2007 (Sec. 294, 506(B), 323,341 of IPC) Police 3 station Supela, District: Durg in which the applicant has been acquitted. He would submit that co-accused person namely Gopi @ Sonu Dhritlahare has been granted regular bail by this Court in MCRC No.1865/2025 vide order dated 22/03/2025, the applicant is in jail since 16/02/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the 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 applicant and the fact that the applicant has two criminal antecedents at Crime No.529/2001 (Excise Act) and Crime No. 446/2007 (Sec. 294, 506(B), 323,341 of IPC) Police station Supela, District: Durg in which the applicant has been acquitted, also considering the fact that co-accused person namely Gopi @ Sonu Dhritlahare has been granted regular bail by this Court in MCRC No.1865/2025 vide order dated 22/03/2025, applicant is in jail since 16/02/2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 8. Let the applicant - Vijay Prakash Ray, involved in Crime No. 193/2024 registered at Police Station Hathband, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2), 59(A) and 36 of Excise Act and 111 of Bharatiya Nyay Sanhita, be released on bail on 4 his furnishing a 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 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 5 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri