1 2025:CGHC:48581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6634 of 2025 1 - Manish Sagar S/o Gendram Sagar Aged About 24 Years R/o Motisagarpara, Korba, District : Korba, Chhattisgarh 2 - Ram Singh Gond S/o Laxman Singh Gond Aged About 25 Years R/o Motisagarpara, Korba, District : Korba, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through P.S. Urga, Korba, District : Korba, Chhattisgarh ... Non-applicant For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 336/2025 registered at Police Station – Urga District – Korba (C.G.), for the offence punishable under Sections 34(2) & 59(d) of the C.G. Excise Act. 2. As per the prosecution case is that the on 05.08.2025 as per secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:48 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 18:41:56 +0530 2 information received from informant police made search of applicant and seized 40 bulk liter mahua liquor from joint possession of the applicants. 3. The applicants respectfully submit that they are innocent and have been falsely implicated in the present case. Applicant No.1 and Applicant No.2, both aged about 24 years, have been in custody since 05.08.2025, and prolonged detention with hardened criminals may adversely affect their lives. The alleged liquor was seized from an open place and not from their possession. The case is triable by a First Class Magistrate, and the charge-sheet has already been filed. The offence appears to have been registered primarily due to the applicants’ previous records. The applicants are permanent residents of the address mentioned in the cause title, with no likelihood of absconding or tampering with evidence, therefore, they prays for grant of regular bail to the applicants. 4. The learned State Counsel opposes the bail application and submits that, although applicant No.2 has no criminal antecedents, applicant No.1 has one criminal antecedent, therefore, they are not entitled to the grant of bail. 5. I have heard learned counsel appearing 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 offence leveled against the present applicants, the fact that applicant No.1 has one criminal antecedent while applicant No.2 has none, and that they have been in custody since 05.08.2025, and as the conclusion of the 3 trial is likely to take some more time, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Manish Sagar and Ram Singh Gond, involved in Crime No. 336/2025 registered at Police Station Urga, District – Korba (C.G.), for the offence punishable under Sections 34(2) & 59(d) of the C.G. Excise Act, be released on bail on furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 4 of the trial court absence of the applicants are 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav