1 2025:CGHC:5337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 296 of 2025 Narsingh @ Kejriwal Verma S/o Milap Verma Aged About 40 Years R/o Village Vicharpur, Police Station And Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Chhuikhadan(Wrongly Mentioned As Khairagarh In The Order Sheet), District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh-Chuikhadan-Gandai (C.G.), for the offences punishable under Sections 34(1)(b), 35, 59-A of the Excise Act and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyaya Sanhita, 2 2023. 2. As per the prosecution's story, on 06.09.2024, the Station House OfÏcer of Police Station Chuikhadan received information from an informant that the co-accused, Jeevan Tandan, was selling illegal liquor near a banyan tree at Village Vicharpur. Consequently, the police raided the site and seized 3.060 bulk liters of country-made liquor. Upon inspection, the police party found that the seized liquor lacked labels and holograms. Subsequently, an offense under Section 34(1)(b) of the Excise Act was registered against Jeevan Tandan. During further investigation on 07.09.2024, the seized liquor was tested by the Excise Circle Chuikhadan, and it was determined to be counterfeit. Jeevan Tandan was interrogated again, and in his memorandum statement, he revealed that he had purchased the seized liquor from co-accused Vinod Soni. Further inquiry revealed that Vinod Soni and other accused persons were already in jail in connection with Crime No. 204/2024 at Police Station Gandai. Consequently, the applicant and other accused persons were arraigned as accused in the present crime number. It is further alleged that all accused persons are involved in manufacturing and selling counterfeit liquor. Police Station Gandai had previously seized certain articles used for manufacturing counterfeit liquor. A charge sheet was subsequently filed under Sections 34(1)(b), 35, 59-A of the Excise Act, and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bharatiya Nyaya Sanhita 2023. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that 3 the present applicant has 04 criminal antecedents to which he has already been given explaination in the present bail appliation. 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 and the present applicant has been in jail since 07.09.2024. He also submits that the co-accused, namely, Jaikaran Gurupanch and Vinod Soni, have already been granted regular bail by this Court in MCRC No. 9029 of 2024, vide order dated 02.01.2025, therefore, the present applicant is also entitled to be grant of regular bail on the ground of parity. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the charge-sheet has already been filed before the competent Court and he has been in jail since 07.09.2024. Also considering the fact that the co-accused, namely, Jaikaran Gurupanch and Vinod Soni, have already been granted regular bail by this Court in MCRC No. 9029 of 2024, vide order dated 02.01.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Let the applicant – Narsingh @ Kejriwal Verma, involved in Crime No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh-Chuikhadan-Gandai (C.G.), for the offences punishable under Sections 34(1)(b), 35, 59-A of the Excise Act and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.31 17:18:20 +0530