1 2025:CGHC:28186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4902 of 2025 1 - Amrit Lal Nagesiya S/o Late Banshilal Nagesiya Aged About 40 Years R/o Village Chitapali Police Station Urga, Tehsil And District Korba, Chhattisgarh 2 - Suklal Nagesiya S/o Late Mangu Lal Nagesiya Aged About 40 Years (Mangtu Ram Nagesiya As Per Charge Sheet) R/o Village Chitapali Police Station Urga, Tehsil And District Korba, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Urga, District : Korba, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.06.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 in connection with Crime No. 283/2023, registered at Police Station Urga, District : Korba (CG) for the offence punishable under Sections 34(2), 59(a) of C.G. Excise Act. 2. The prosecution story in brief, is that on 23.08.2023, a secret information was received through a informer that Amrit Lal and Suklal, residents of Chheetapali, were manufacturing Mahua liquor using laborers near Domnala in Chheetapali village. Based on the informer's information, a raid was conducted at the specified location. On-site, it was found that large aluminum vessels were being used to manufacture Mahua liquor through the distillation process, using Mahua pas (rotten Mahua) on mud and brick stoves. Various plastic containers of different capacities (20 liters, 15 liters, 10 liters, and 5 liters) containing Mahua liquor were also found. A total of 300 liters of Mahua liquor, valued at Rs.30,000, was seized in the presence of witnesses. Thereafter, aforesaid offence has been registered against the applicant and subsequently, they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that the informant has mentioned two specific individuals, Amritlal and Suklal, as being involved in the manufacture of country-made liquor. However, it is pertinent to note that there are multiple individuals with the same names residing in the same area. The applicants have submitted Aadhar Cards in the name of 3 Amritlal, which reveal that there are at least three individuals with this name, including one of the applicants. Similarly, in the name of Suklal Nagesiya, there are four individuals. Copies of Aadhar Cards for two different individuals named Amritlal and three different individuals named Suklal. He also submits that the police failed to identify the real accused in the case, the incident allegedly occurred on August 23, 2023, but the applicants were arrested on 05.06.2025, nearly two years later. The charge-sheet was also filed on the same day as the arrest, 05.06.2025. This raises suspicions about the investigation, as it appears that the police took an unusually long time to conclude the investigation without any indication that the applicants were absconding. There is no evidence to suggest that the applicants were evading the law or that the police had taken steps to declare them absconders. The circumstances suggest that the police investigation was prolonged, and the applicants were implicated in the offense only after the charge sheet was filed, casting doubt on the fairness of the investigation. The applicants are in jail since 05.06.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicants with the help of laborers near Domnala in Chheetapali village were found in manufacture Mahua liquor and 4 when the raid was conducted a total of 300 liters of Mahua liquor, valued at Rs.30,000, was seized in the presence of witnesses, which was kept in the house of the applicant, where they were preparing the same, so far as applicants are concerned, they fled from the spot, charge-sheet has been filed against them as an absconders and after two years they were arrested, as such, they are absconders and their bail application is liable to rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicants and the fact that a huge quantity of liquor, totaling 300 bulk liters of Mahua liquor was seized from the place of incident, where the applicants with the help of laborers near Domnala in Chheetapali village were manufacture the same, further considering the fact that the incident pertains to the year 2023 and as the applicants fled from the place of incidence, charge-sheet has been filed against them as an absconders and after two years they were arrested and there is every likelihood that they would abscond again, as such, without expressing any opinion on the merits of the case, this Court is of the view that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of applicants-Amrit Lal Nagesiya and Suklal Nagesiya involved in Crime No. 283/2023, registered 5 at Police Station Urga, District : Korba (CG) for the offence punishable under Sections 34(2), 59(a) of C.G. Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil