1 2025:CGHC:48991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1489 of 2025 Anup Gupta S/o Satyanarayan Gupta Aged About 45 Years Caste Sudi, R/o Village Kachiya, P/s Chalgali, District - Balrampur- Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Bhatgaon, District - Surajpur (C.G.) ... Respondent For Applicant : Shri Rahul Mishra, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24/09/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.135/2025 registered at Police Station – Bhatgaon, District Surajpur (C.G.) for the offences punishable under sections 316(5), 3(5) of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.25 11:18:57 +0530 2 2. Case of the prosecution, in brief, is that on 07.08.2025, at about 07:00 PM, the Excise Inspector conducted verification of English Wine Shop Jarhi in which he has found that, adulterate liquor was being sold by Anikesh Gupta, Indradev Rajwade (Seller), Muneshwar Singh & multipurpose worker Ganga Ram who are employee of said Wine Shop. Excise Inspector has also conducted seizure in which he has found that, cap of 38 piece of McDowell Whisky Number One, 10 Piece bottle of Royal Stage Whisky & 1 Piece bottle of Blander Pride Whisky was tempered. He has also found that, after mixing water the said liquor was being sold therefore the liquor boom was low therefore the offence was registered under Section 34(1), 34(2), 38(क), 39(ख), 39(ग), 59 (क) of Chhattisgarh Excise Act against Anikesh Gupta, Indradev Rajwade (Seller), Muneshwar Singh & multipurpose worker Ganga Ram by the Excise Inspector. It is also found that, due to illegality and irregularity committed by the employee of the said Wine Shop amount of Rs.3,26,860/- (Three Lakh Twenty-Six Thousand Eight Hundred Sixty Rupees) has caused damage of the Government. The present applicant is the District Representative of All Services Global Private Ltd. therefore the Excise Inspector has lodged First Information Report for offence punishable under Section 316(5), 3(5) of B.N.S. against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent, who has been falsely implicated by the Excise Inspector. He would submit that in the First Information Report, the Excise Inspector has categorically stated that, the offence has been committed by the Anikesh Gupta, Indradev Rajwade (Seller), Muneshwar Singh & multipurpose worker Ganga Ram who are the employee of said Wine 3 Shop therefore the offence under Section 34(1), 34(2), 38(क), 39(ख), 39(ग), 59 (क) of Chhattisgarh Excise Act has been registered against them for the same incident but because the present applicant is the District Representative of All Services Global Private Ltd. therefore the Excise Inspector has lodged present FIR against the applicant for the same offence without any role. He would submit that on 08.08.2025, the District Manager issued letter regarding shortage of amount of Rs.3,26,860/- (Three Lakh Twenty-Six Thousand Eight Hundred Sixty Rupees) which has been deposited on 08.08.2025 amount of Rs.1,08,490/-, 17.08.2025 amount of Rs 1,49,960/- thereafter and 16.09.2025 amount of 1,56,900/- have been deposited through Bank Challan. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, nature of allegation against the applicant and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Anup Gupta, on executing a personal bond and one surety in the like sum to the satisfaction of the 4 arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri