1 2025:CGHC:50458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7141 of 2025 Yogesh Kashyap S/o Dilip Kashyap Aged About 30 Years R/o Ward No. 07 Chikhalakasa Tehsil - Doundi P.S. - Dallirajhara District - Balod (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through- Sho Police Station- Dallirajhara, District- Balod (C.G.) --- Non-applicant(s) MCRC No. 7167 of 2025 Bhupendra Kumar Bavre S/o Bahal Singh Bavre Aged About 28 Years R/o- Ward No. 07 Chikhalakasa Tehsil Doundi P.S.- Dallirajhara District- Balod (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through Sho Police Station- Rajhara, District - Balod (C.G.) --- Non-applicant(s) For Applicants : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 1. Since the above two bail applications are arising out of same crime KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 number and same offence so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.236/2025, registered at Police Station Dallirajhara, District: Balod (C.G.) for the offence punishable under Sections 34(2) of Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that it is alleged that on the basis of secret information, the police of Police Station Rajhara, while on patrolling duty on 24.07.2025, conducted a search near village Chiklakasa railway crossing, where the applicants were found transporting illicit country-made liquor. Upon search, a total of 10.620 bulk litres of country-made liquor was recovered from their possession. The said liquor was seized, and the applicants were arrested on the spot. Accordingly, the above offence was registered against the applicants. 4. Learned counsel for the applicants submit that that the applicants are innocent and they have been falsely implicated in this case. He further submits that the applicants are not aware of the said fact and further the present applicants have criminal antecedents which has been duly explained in the bail application of para No. 4(A) and in the present case, charge-sheet has been filed before the competent Court. He further submit that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicants are in jail since 24.07.2025 and the trial is likely to take some time for its 3 conclusion, therefore, He prays for grant of bail. 5. On the other hand, learned Panel Lawyer appearing for the State/non-applicant vehemently opposes the bail application and submits that in the present case, the charge-sheet has already been filed before the competent Court. It is further submitted that, as regards the criminal antecedents of the applicants, the applicant Yogesh Kashyap has two previous criminal antecedents under the Excise Act pertaining to the years 2023 and 2024, out of which in one case he has been acquitted, while the other case is still pending. The co-applicant Bhupendra Kumar Bavre also has one previous criminal antecedent, which was disposed of on the basis of compromise. It is further contended that a total quantity of 10.620 bulk litres of country-made liquor was seized from the possession of the applicants, which clearly establishes their involvement in the present offence. Considering the nature of the offence, the quantity of liquor seized, and the criminal antecedents of the applicants, it is submitted that they are not entitled to be released on bail at this stage. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that in the present case, the charge-sheet has already been filed before the competent Court and as regards the criminal antecedents of the applicants, the applicant Yogesh Kashyap has 4 two previous criminal antecedents under the Excise Act pertaining to the years 2023 and 2024, out of which in one case he has been acquitted, while the other case is still pending and the co-applicant Bhupendra Kumar Bavre also has one previous criminal antecedent, which was disposed of on the basis of compromise and further considering the fact that a total quantity of 10.620 bulk litres of country-made liquor was seized from the possession of the applicants and they are in jail since 24.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 8. Let the Applicants- Yogesh Kashyap and Bhupendra Kumar Bavre, involved in Crime No.236/2025, registered at Police Station Dallirajhara, District: Balod (C.G.) for the offence punishable under Sections 34(2) of Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two 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 sufÏcient cause, 5 the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 of the trial court absence of the applicants are deliberated or without sufÏcient 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal