1 / 4 2025:CGHC:32140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4320 of 2025 1 - Rohit Vaishnav S/o Shri Ajay Vaishnav Aged About 20 Years R/o Village - Bisahutola, Police Outpost - Chichola, District - Rajnandgaon (C.G.) 2 - Ankit Yadav S/o Shri Ranjit Yadav Aged About 25 Years R/o Village - Pendri, P.S. - Lalbagh, District - Rajnandgaon C.G. ... Applicants versus State Of Chhattisgarh Through Officer In-Charge, P.S. - Lalbagh, District - Rajnandgaon C.G. ... Non-applicant For Applicants : Mr. Anuj Kumar Pandey, Advocate. For Non-applicant/State : Ms.Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 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. 162/2025 registered at Police Station - Lalbagh District - Rajnandgaon (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. As per the prosecution's story a secret information was received 2 / 4 thereafter the police of the police station Lalbagh raided and seized the 45.060 litres liquor from the illegal possession of the applicants and police of P.S. Lalbagh has arrested them and after completing usual investigation police have filed the charge-sheet and the matter is pending before the trial court. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged country made liquor were not seized from the possession of the applicants. The applicants have no criminal antecedents and applicants have been in jail since 12.04.2025 and conclusion of the trial is likely to take quite long time. Therefore, they prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants moreover, the fact that the charge-sheet has been filed before the competent Court and applicants are in jail since 17.05.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Rohit Vaishnav and Ankit Yadav, involved in Crime No. 162/2025 registered at Police Station - Lalbagh District - 3 / 4 Rajnandgaon (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on furnishing a 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 their absence, without 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 4 / 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav