1 2025:CGHC:25874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4639 of 2025 1 - Dheeraj Gupta S/o Late Laxman Gupta Aged About 25 Years R/o Satosha Chalan Guda P.S. Karpawand District - Bastar (C.G.) 2 - Manchit Baghel S/o Late Ramsingh Baghel Aged About 19 Years R/o Satosha Chalan Guda P.S. Karpawand District - Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Karpawand District - Bastar (C.G.) ... Non-applicant(s) For Applicants : Mr. Pravin Kumar Tulsyan, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 30/2025, registered at Police Station : Karpawand District- Bastar (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the Police of Police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Station Karpawand, District- Bastar (C.G.), had received a secret information from the informant that the accused have kept liquor and on the basis of such information, the police conducted raid and have seized total 44.100 liters of liquor from the joint possession of the applicants. Thereafter, the aforesaid offence has been registered against the applicants. 3. Learned counsel for the applicants submit that the applicants are innocent and they has been falsely implicated in this case. He further submits that the applicants have no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that 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 30.04.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicants have no criminal antecedent, further the quantity of liquor seized from the joint possession of the present applicants i.e. total 44.100 liters of liquor , therefore, he is not 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 3 the fact that the present applicants have no criminal antecedents and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the applicants i.e. 44.100 liters of liquor and he is in jail since 30.04.2025 and 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, Dheeraj Gupta and Manchit Baghel, involved in Crime No. 30/2025, registered at Police Station : Karpawand District- Bastar (C.G.) for the offence punishable under Section 34(2) 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 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 trial and in order to secure their presence, proclamation 4 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 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. 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 Kunal