1 2025:CGHC:37916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6045 of 2025 Dashrath Mina S/o Amar Singh Mina Aged About 43 Years R/o Geeta Colony, Chandravatti Ganj, Budhaniya Panth Sewar, District- Indore, M.P. ... Applicant versus State of Chhattisgarh Through P.S. Dongargarh District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 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 (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act and Sections 111, 338 and 336(3) of Bharitya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 29.03.2025 the police received information that a huge quantity of illegal liquor had RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 been stored in the farmhouse of Rohit Netam @ Sonu. It was alleged that the liquor had been transported from the State of Madhya Pradesh and kept at the farmhouse situated on Karwari Latmarra Kachcha Road, with the intention of filling the same into bottles bearing the seal of Chhattisgarh and selling them thereafter. Acting upon the said information, the police party proceeded to the aforesaid farmhouse, wherefrom the liquor was seized. At the spot, numerous empty bottles were also found, though no stickers or corks had been affixed. Upon examining the seal, it was revealed that the liquor had been transported from another State for the purpose of sale in Chhattisgarh. Consequently, a total of 3,888 bulk litres of liquor, along with other articles, was seized from the said farmhouse. Thereafter, a Dehati Nalisi was lodged against Rohit Netam @ Sonu. During the course of investigation, several other accused persons were taken into custody, and information regarding the involvement of all accused persons was obtained. In the process, co-accused Vikram Ahuja @ Vicky was arrested from Delhi on 13.04.2025, who disclosed the role of the present applicant, alleging that the applicant had supplied the said liquor to one Nand Kishore Verma and Santosh Kariya. Subsequently, the present applicant was arrested from Jagdalpur Jail. Thus, the applicant is alleged to have committed the said offence. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that the present applicant has 01 criminal antecedent under the Excise Act which is pending. He further submits that the other co-accused 3 persons have already been granted bail by this Court in MCRC Nos. 5479/2025, 5435/2025, 5953/2025 and 5754/2025. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has 01 criminal antecedent under the Excise Act and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the joint possession of the present applicant and other co-accused persons total 3,888 bulk litres of liquor along with other articles were seized, 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 that the present applicant has 01 criminal antecedent under the Excise Act which is pending and further the fact that co-accused persons have already been granted bail by this Court in MCRC Nos. 5479/2025, 5435/2025, 5953/2025 and 5754/2025 and also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 21.04.2025 and the conclusion of the trial may takes some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Let the applicant, Dashrath Mina, involved in Crime No. 127/2025, registered at Police Station : Dongargarh District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act and Sections 111, 338 and 336(3) of Bharitya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 the Bharatiya Nyaya Sanhita. 5 (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 of BNSS. If in the opinion of the trial court absence of the applicant 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 him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan