1 2025:CGHC:28781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3746 of 2025 Mahendra Rathiya S/o Jaypal Rathiya Aged About 38 Years R/o Village Khadgaon, Police Station And Tahsil Kharsiya, District Raigarh (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through S.H.O. Of The Police Station Out Post Jobi, Police Station Kharsia, District Raigarh (C.G.) --- Non-applicant(s) For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. MCRC No. 4693 of 2025 Surendra Kumar Rathiya S/o Jaypal Rathiya Aged About 33 Years R/o Village Khadgav, Police Chauki Jobi, P.S. And Tahsil Kharsia, Distt. Raigarh (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through P.S. Chauki Jobi, P.S. Kharsia, Raigarh Distt. Raigarh (C.G.) ---- Non-applicant(s) For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 1. Since the above two bail applications are arising out of same crime number and same offence so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.236/2025, registered at Police Station Kharsia, District: Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 26.04.2025 as per secret information received by the police from the informant, on the basis of such information, the police reached at the concerned spot, conducted raid and have seized total 60 liters of hand made Mahua Liquor from the possession of the applicant namely Mahendra Rathiya and on the basis of his memorandum statement, the applicant namely Surendra Kumar Rathiya has been made accused. Therefore, the aforesaid offence was registered against the accused persons. 4. Learned counsel for the applicants submit that that the applicants are innocent and they have been falsely implicated in this case. They further submits that the applicants are not aware of the fact that how the said beg in which contraband was found came in the courtyard. Further the present applicants have only one-one criminal antecedents and in the present case, charge-sheet has been filed before the competent Court. They further submit that 3 under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicants are in jail since 26.04.2025 and 02.06.2025 respectively and the trial is likely to take some time for its conclusion, therefore, they prays grant of bail. 5. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicants are concerned, the applicants have one-one criminal antecedent further the quantity of liquor seized from the possession of the applicant namely Mahendra Rathiya i.e. 60 liters of hand made mahua liquor and on the basis of his memorandum statement, the applicant Surendra Kumar Rathiya has been made accused. Accordingly, the present applicants are not entitled for grant of bail. 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 applicants and the fact that in the present case, charge-sheet has been filed before the competent Court, so far as the criminal antecedents of the applicants are concerned, the applicants have one-one criminal antecedent and further the quantity of liquor seized from the possession of the applicant namely Mahendra Rathiya i.e. 60 liters 4 of hand made mahua liquor and on the basis of his memorandum statement, the applicant Surendra Kumar Rathiya has been made accused and they are in jail since 26.04.2025 and 02.06.2025 respectively and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 8. 8. Let the Applicants- Mahendra Rathiya and Surendra Kumar Rathiya, involved in Crime No.236/2025, registered at Police Station Kharsia, District: Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of Chhattisgarh Excise Act, be released on bail on their 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 court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient 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 5 trial and in order to secure their 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 deliberated 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal