1 2025:CGHC:28705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4569 of 2025 1 - Anand @ Mikal @ Anand Kerketta S/o Francis Kerketta Aged About 24 Years R/o Village Katulbod, Durg, Tahsil And District Durg Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Bagnadi, District Rajnandgaon Chhattisgarh ... Non-applicant For Appllicant : Mr. Shikhar Sharma, Advocate. For Non-applicant : Mrs. Mandvi Bhardwaj, Panel Lawyer Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 27/06/2025 1. This is first bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as he has been arrested on 20.09.2024 (wrongly mentioned in the bail application as 20.09.2023) in connection with Crime No. 18/2022 registered at Police Station Bagnani, District Rajnandgaon (C.G.), for commission of offence punishable under Section 34 (2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on the basis of secret information received to the police of police Station Bagnadi, District Rajandgaon, blockade was made at village Bagmati bus stand chowk and on 2 being intercepted, driver/applicant of the Ertiga Car bearing registration No. CG-07 BV 9179, jumped from the car and fled away from the spot but two co-accused persons namely Rajkumar Sahu & Aditya Uvarsha were caught sitting in the car. On being searched, 135 liters of foreign liquor and other articles were seized from the possession of aforesaid two accused persons, who are sitting in the car. Subsequently, the applicant was also caught by police on 20.9.2024. After completion of investigation, charge-sheet has been filed for the offence under Section 34 (2) of the Excise Act. 3. Learned counsel appearing for the applicant submits that the applicant is innocent person and has been falsely implicated in the case only on the basis of Memorandum of co-accused persons, who have been regular bail by this Court as well as by the Coordinate bench of this Court vide order dated 24.03.2022 & 02.05.2022 in M.Cr.C. No. 2734 of 2022 & 3403 of 2022, respectively. He submits that applicant is in jail since 20.09.2024; charge- sheet has already been filed and conclusion of the trial is likely to take long time and the applicant is permanent resident of District Durg, hence, he may be released on bail. 4. Per contra, learned counsel for the State submits that the applicant is habitual offender and there are four criminal antecedents have been reported against him pertaining the Excise Act, hence, the bail application is liable to be dismissed. 5. In reply, learned counsel for the applicant submits that the applicant has been acquitted of the alleged charges in two criminal cases i.e. Criminal Case No. 401 / 2017 & Criminal Case No. 2325 / 2023, (Annexure A-2 colly.) whereas in 3rd case, he is on bail and the case in hand is 4th case. He 3 submits that since there is no clinching evidence against the applicant, hence, he may be enlarged on bail. 6. I have heard learned counsel for the parties and perused the case diary with utmost circumspection. 7. Having heard learned counsel for the parties, having regard to the facts of the case, particularly considering the fact that the applicant is in jail since 20.9.2024; charge-sheet has been filed; two similarly situated co-accused persons namely Rajkumar Sahu & Aaditya Urvasha have been granted regular bail by this Court as well as by the Coordinate bench of this Court vide order dated 24.03.2022 & 02.05.2022 in M.Cr.C. No. 2734 of 2022 & 3403 of 2022, respectively, hence, I feel inclined to allow this bail application. 8. Accordingly, the bail application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions. (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) He shall not involve himself in any offence of similar nature in future. Sd/- (Naresh Kumar Chandravanshi) Judge Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.30 11:05:27 +0530 4