1 2025:CGHC:37700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5435 of 2025 Vikram Ahuja S/o Puran Chand Ahuja Aged About 50 Years R/o House No. 1, Maya Apartments, Vikaspuri, Delhi. ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Dongarrah, District- Rajnandgaon, C.G. ... Respondent(s) For Applicant(s) : Mr. Sunil Otwani, 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) and 59 of C.G. Excise 2 Act, 1915 and Sections 111, 338, 336(3), 340(2) of BNS, 2023. 2. The prosecution story in brief is against the present applicant is that the co-accused namely Manoj Kumar Tidke has stated in its memorandum statement dated 07.04.2025 that he knows the co- accused who resides in Nagpur and from the co-accused he procures the hologram, sticker and cap from the co-accused namely Chantan Mantani was also recorded and in turn he has stated that he has procured cap of liquor bottles from the present applicant. It was also stated by him that the order of procuring bottle caps was send by him through whatsapp message and the entire amount was paid to the present applicant in cash. It was also stated by co-accused Chandan Mamtani that the consignment was received by him through transport. The present applicant was arrested on 13.04.2025 and on the very same date, the memorandum statement of the present applicant was recorded and the mobile number used by the applicant was seized by the Investigation Officer since the applicant has supplied the bottle caps of liquor bottles. 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 since the charge sheet has been filed therefore entire perusal of charge sheet would show that there is no incriminating materials against the present applicant. The only evidence is memorandum statement of co-accused namely Chandan Mamtani which was recorded on 19.04.2025 whereas the memorandum 3 statement of present applicant was recorded on 13.04.2025 and the present applicant has been implicated in the instant crime number on the basis of memorandum statement of co-accused. A bare perusal of charge sheet would also show that co-accused Chandan Mamtani was sent to judicial custody on 16.04.2025. 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, the applicant is in jail since 16.04.2025 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- Vikram Ahuja, involved in Crime No. 127/2025, registered at Police Station Dongargarh, District- Rajnandgaon, (C.G.) for the offence punishable under Section 34(2), 59-A of C.G. Excise Act, 1915 and Sections 111, 338, 336(3), 340(2) 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 4 Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 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) 5 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, 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