1 2025:CGHC:37697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5479 of 2025 Pawan Sharma S/o Nand Prasad Aged About 26 Years R/o Village Sanjaya Nagar, Ward No. 13, P.S.- Devri, Distt.- Gondiya, (Maharastra) --- Applicant(s) versus State Of Chhattisgarh Through P.S. Dongargarh, Dist- Rajnandgaon C.G. --- Respondent(s) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy. A.G. along with Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 127/2025, registered at Police Station Dongargarh, District- Rajnandgaon, (CG) for the offence punishable under Section 34(2) of C.G. Excise Act, 1915 and Sections 111, 338, 336(3) of BNS, 2023. 2 2. The prosecution story in brief is that on 29.03.2025, the Police received anonymous tip from their informer that the other accused Rohit Netam alias Sonu has dumped liquor in large quantity in his farm house, which is situated on the kachchi road way to village Karwari latmarra. After that the police raided the farm house and found total of 3888 bulk liters of liquor was found and along with the 350 pieces of empty glass bottles in which a memo of denoting C was drawn and the house of the co-accused Rohit Netam. Thereafter, the first memorandum of the co-accused namely Rohit Netam was recorded on 03.04.2025, it is pertinent to mention herein that the police authority again recorded the one another memorandum of the same accused after the time span of two days that is 05.04.2025 name of the applicant is mentioned therefore the applicant has been arrayed as an accused in the present case. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no involvement of the applicant in this present case as the co-accused never took the name of the applicant in his memorandum, whereby the prosecution agency just to falsely implicate the present applicant, the second memorandum dated 05.04.2025 was recorded and the name of the applicant was added by the police therefore the admissibility of the second memorandum recorded by the police is highly doubtful. Further there is no seizure from the present applicant. 3 The applicant is in jail since 05.04.2025 and the charge sheet has been presented. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court, 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 applicant and the fact that there is no seizure from the present applicant Further the applicants is in jail since 05.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Pawan Sharma, involved in Crime No. 127/2025, registered at Police Station Dongargarh, District- Rajnandgaon, (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, 1915 and Sections 111, 338, 336(3) of BNS, 2023 be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on 4 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (iv) The applicant 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 BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, 5 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima