1 2025:CGHC:26495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4269 of 2025 1. Deepak Banjare S/o Vikash Banjare Aged About 19 Years R/o Kashiram Chowk, Thana - Jutemill, Raigarh, District : Raigarh, Chhattisgarh 2. Navratan Ratre S/o Raju Ratre Aged About 19 Years R/o Kashiram Chowk, Thana - Jutemill, Raigarh, District : Raigarh, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Station House Officre - Police Station Kotra Road, District : Raigarh, Chhattisgarh ... Non-applicant For Applicants : Mr. Syed Mohammad Sohail Afzal, Advocate, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 216/2025 registered at Police Station : Kotra Road, District Raigarh (C.G.) for the offence punishable under Section 34(2) and Section 59(A) of the C.G. Excise Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.21 12:02:54 +0530 2 2. The case of the prosecution, in brief, is that the police of Police Station Kotra Road, District Raigarh (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 128 bottles of country made liquor (plain), 90 bottles of CG whisky, and 24 bottles of country liquor (Masala) – a total of 242 bottles (43.560 bulk liters) valued at approximately Rs. 23,200/- from the possession of the present applicants. Thereafter, Police has registered an aforesaid offence against the present applicants. 3. It is argued by the learned counsel for the applicants that the applicants are falsely implicated in this case. He also submits that the present applicants have no criminal antecedents. He further submits that 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 12.05.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present 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 has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the joint possession of the present applicants 128 bottles of country made liquor (plain), 90 bottles of CG whisky, and 24 bottles of country liquor (Masala) – a total of 242 bottles (43.560 bulk liters) valued at approximately Rs. 23,200/- were seized, therefore, they are not 3 entitled for grant of bail. 5. I have heard learned counsel 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 applicants and the fact that the applicants have no previous antecedents, moreover, the fact that the charge-sheet has already been filed before the competent Court, they are in jail since 12.05.2025 conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Deepak Banjare and Navratan Ratre, involved in Crime No. 216/2025 registered at Police Station : Kotra Road, District Raigarh (C.G.) for the offence punishable under Section 34(2) and Section 59(A) of the C.G. Excise Act, be released on bail on furnishing 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 4 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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/- (RameshSinha) Chief Justice Abhishek