1 2025:CGHC:975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9103 of 2024 Manish Yadav S/o Ramayan Yadav Aged About 26 Years Occupation Peasant, R/o Village Hathkera Police Station Sargaon, District- Mungeli, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Excise Circle Nawagarh, District- Bemetara, Chhattisgarh. ... Non-applicant For Applicant(s) : Mr. Uttam Pandey, Advocate For Non-applicant/State(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 41/2024 registered at Police Station Excise Circle Nawagarh, District- Bemetara (C.G.), for the offence punishable under Sections 34(1)(a), 34(2), 35, 36, 43 and 49(a), 5 [wrongly mentioned in impugned order the original Section is 59(a] of C.G. Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 31/08/2024 as per secret information received from the informant that some persons are illegally transporting liquor in a four-wheeler on national highway, 130 heading towards Mohali Road. On the basis of the above information, after reaching the spot, a four-wheeler number CG/10/BD/2714 coming from Mohali on National Highway, 130 was stopped on the basis of suspicion, upon searching the vehicle, total 86.400 bulk liters and two plastic jerrycans of 50 liters, capacity each filled with 50 liters, total quantity 100 liters, of rectified spirit was recovered. When no documents were presented regarding sell and possession of liquor on the spot, illegal liquor and four wheeler vehicle number CG-10-BD-2714 were seized from the applicant/accused and co-accused in front of witnesses applicant/accused and co-accused and they were arrested on the spot on the same date i.e. on 31.08.2024 for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that co- accused person, namely, Ishwar Sahu has already been granted bail by this Court in MCRC No. 7232/2024 vide order dated 08.11.2024 and the case of the present applicant is identical to that of the co-accused. He also submits that so far as criminal antecedents of the applicant is concerned, the applicant has one previous criminal antecedent and is languishing in jail since 21.11.2024 and in the present case, charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence, he prays for grant of bail to the applicant on the ground of parity. 3 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has two previous criminal antecedent and also endorse the said submission advanced by learned counsel for the applicant, but could not dispute the fact that co-accused person has already been granted bail by this Court and the case of the applicant is identical to that of the co-accused. 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, nature and gravity of allegation levelled against the applicant and the fact that the co-accused person, namely, Ishwar Sahu has already been granted bail by this Court in MCRC No. 7232/2024 vide order dated 08.11.2024 and the case of the present applicant is identical to that of the co-accused and further so far as criminal antecedents of the applicant is concerned, the applicant has only one previous criminal antecedent and he is languishing in jail since 21.11.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, hence I am inclined to allow this bail application. 7. Let the applicant, Manish Yadav, involved in Crime No. 41/2024 registered at Police Station Excise Circle Nawagarh, District- Bemetara (C.G.), for the offence punishable under Sections 34(1) (a), 34(2), 35, 36, 43 and 49(a), 5 [wrongly mentioned in impugned order the original Section is 59(a] of C.G. Excise Act, be released 4 on bail on his furnishing a 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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate 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 him in accordance with law. 8. OfÏce 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 Kunal