1 / 4 2025:CGHC:30684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3288 of 2025 Mukesh Kumar Modi S/o Baliram Modi Aged About 19 Years R/o Village- Gorkha, Tah. And District- Raigarh (C.G.) ---Applicant versus State Of Chhattisgarh Through Thana In-Charge, P.S. Kotra Road, District- Raigarh (C.G.) ---Non-applicant MCRC No. 3467 of 2025 Krishna Uranv S/o Malikram Uranv Aged About 33 Years R/o Village Gorkha, Tahsil And District Raigarh, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Thana, In-Charge, P.S. Kotra Road, District Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.04 17:55:33 +0530 2 / 4 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. 176/2025, registered at Police Station : Kotra Road, District – Raigarh (C.G.) for the offence punishable under Section 34(2) & 59(A) of the C.G. Excise Act. 2. As per prosecution story in briefly is that on 14.04.2025 as per the information received from the informant, Police of Police station - Kotra Raod seized total 45 liter of country made liquor from the joint possession for the applicants , hence police has registered a case for offence punishable under section 34(2) & 59(A) of the Chhattisgarh Excise Act against the applicants. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated. He further submits that police has not seized any article from the possession of the applicants because police has seized liquor at open place, the applicants have implicated in a false case and the applicants are in jail since 14.04.2025, Therefore, he prays for grant of regular bail to the applicants. 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 Mukesh Kumar Modi in MCRC No. 3288 of 2025 has no criminal antecedents and Applicant Krishna Uranv has one criminal antecedent in same nature. He also submits that from the joint possession of the present applicants 45.000 bulk liters of country made (Mahua) liquor was 3 / 4 seized, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations leveled against the applicants, and the fact that Applicant Mukesh Kumar Modi has no previous criminal antecedent and Applicant Krishna Uranv has one criminal antecedent and also considering the fact that the charge-sheet has been filed in this case and both have been in jail since 14.04.2025, with the conclusion of the trial likely to take some time, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Mukesh Kumar Modi & Krishna Uranv involved in Crime No. 176/2025, registered at Police Station : Kotra Road, District – Raigarh (C.G.) for the offence punishable under Section 34(2) & 59(A) of the C.G. Excise Act, be released on bail on furnishing personal bond 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 his absence, without sufficient 4 / 4 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 her 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. (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 sufficient 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. Office 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 Vaibhav