1 2025:CGHC:46607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6445 of 2025 Pinku Pardhi S/o Panchuram Pardhi Aged About 37 Years R/o Village Boirdih, P.S.- O P Chikhali Thana Kotwali, Distt. Rajnandgaon, (C.G.) ... Applicant versus State of Chhattisgarh Through Public Prosecutor, Distt. Rajnandgaon, (C.G.) ... Non-applicant For Applicant : Mr. Sourabh Kale, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.09.2025 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. 114/2025, registered at Police Station Somni, District – Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that, on the basis of secret information received from an informant, the concerned police personnel conducted a raid and seized 40.50 bulk liters of illicit liquor from the possession of the co-accused, namely Vinod Pardhi and Manglu Pardhi. On the basis of the memorandum statements of the said co-accused, the present applicant was implicated as an accused and subsequently ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:49:21 +0530 2 arrested for the commission of the alleged offences. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that only on the basis of the memorandum statement of the other co-accused persons the present applicant has made an accused in the present case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He submits that the present applicant has only 01 criminal antecedent under the Excise Act in which he has already been acquitted by learned trial Court. He also submits that the applicant has been in jail since 19.07.2025, the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and endorse the submission made by the learned counsel for the applicant, that the applicant has already been acquitted in one criminal antecedent pending against him under the Excise Act. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the present applicant has only 01 criminal antecedent under the Excise Act in which he has already been acquitted by trial Court. Moreover, the fact that the charge-sheet has been filed before the competent Court and he has been in jail since 19.07.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Pinku Pardhi, involved in Crime No. 114/2025, registered 3 at Police Station Somni, District – Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on furnishing personal bond with two 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. (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 4 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 Abhishek