1 2025:CGHC:23380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4311 of 2025 1 - Rahul Soni S/o Nandkishore Soni Aged About 28 Years R/o Near Purana Basti Kohka Bhilai, District : Durg, Chhattisgarh. ... Applicant. versus 1 - State Of Chhattisgarh Through The Police Of Police Station - Mohgaon, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh. ... Respondent(s) For Applicant : Shri Aniruddha Shrivastava, Advocate. For State : Shri HAPS Bhatia, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 12/06/2025 1. 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.04/2023 registered at Police Station- Police Station Mohgaon, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, 2015. 2. Prosecution case in brief is that on 24.02.2023, Police of P.S. Mohgaon AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.12 18:34:11 +0530 2 received secret information, based on which, raid was conducted and from the possession of co-accused persons namely Amit Singh and Sandeep Kumar, 266.04 bulk litres of english liquour was seized. Based on the memorandum of co-accused, applicant was arrested and his memorandum has also been recorded, wherein, it has been stated that vehicle of the present applicant was used in the illegal transportation. Based on the above, aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. Applicant is behind the bars since 29.04.2025 and co-accused namely Sandeep Kumar and Amit Singh have already been granted bail by this Court vide order dated 28.07.2023 passed in MCRC No.5062/2023 and subsequently, they have been acquitted on 22.01.2024 in Criminal Case No.277/2023 by CJM, Khairagarh, Civil District Rajnandgaon. Considering the backdrop, applicant may be enlarged on bail. 4. On the other hand, learned State counsel would oppose the bail application and would submit that there are two criminal antecedents against the applicant of IPC and Excise Act pertaining to the year 2023. 5. I have heard learned counsel for the parties and perused the documents. 6. Having considered the submissions, facts and circumstances of the case, in particular the fact that Criminal Case No.277/2023 which ended in acquittal of the co-accused namely Sandeep Kumar and Amit Singh, further considering the length of pre-trial detention, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the Application is allowed and the applicant is directed to be 3 released on bail on his executing a personal bond for a sum of Rs.50,000/- with 2 sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Deepak Kumar Tiwari) Judge Avinash