1 2025:CGHC:116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9013 of 2024 1. Ashish Mandavi S/o Gannaram Mandavi Aged About 27 Years ( Wrongly Mentioned As Gananlal In The Oreder Sheet ), R/o Village - Kaneri, Police Station-Mohla, District- Mohla- Manpur- Ambagarh Chowki Chhattisgarh. 2. Rameshwar Uike S/o Bhikham Singh Uike Aged About 24 Years ( Wrongly Mentioned As Bhisam Singh In The Order Sheet ), R/o Village - Kaneri, Police Station-Mohla, District- Mohla- Manpur- Ambagarh Chowki Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Polilce Station- Chuikhadan, District- Khairagarh- Chuikhadan- Gandai Chhattisgarh. ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 2 02.01.2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 267/2024 registered at Police Station- Chuikhadan, District- Khairagarh- Chuikhadan- Gandai (C.G.), for the offence punishable under Sections 34(1)(b), 35, 59-A of the Chhattisgarh Excise Act and Sections 318(4), 336(3), 340(2), 3(5), 111(2) of the Bharatiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 06.09.2024 the Station House Officer, Police Station Chuikhadan received information from the informant that the co- accused Jeevan Tandan was selling illegal liquor near Banyan tree at village Vicharpur, thereafter raided and seized 3.060 bulk liter of country made liquor. The police party found that there is no label and hologram was present on the seized liquor after that offence under Sections 34(1)(b) of Excise has been registered against the co-accused Jeevan Tandan during further investigation i.e. on 07.09.2024 seized liquor was tested by excise circle Chuikhadan and it was found that liquor is counterfeit thereafter again co-accused was interrogated and on his memorandum statement he disclosed that he has purchased the seized liquor from co-accused Vinod Soni, during further enquiry police came to know that Vinod Soni and present applicants are already in jail in Crime No. 204/2024, P.S. Gandai, thereafter other accused persons were arrayed as accused in the present crime 3 number. It is further allegation that all accused persons are involved in manufacturing and selling counterfeit liquor and already Police Station Gandai has seized certain articles which is used for manufacturing counterfeit liquor thereafter charge-sheet filed under above Sections. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the applicants have one previous criminal antecedents in which he has already been acquitted by this Court vide order dated 26.11.2024 passed in MCRC No. 8164/2024. He also submits that the charge- sheet has been filed in the present case and the applicants are in jail since 22.10.2024. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that total of 3.060 bulk liter of country made liquor has been seized from the possession of the present applicant and the charge-sheet has been filed, therefore, they arenot entitled for 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, nature and gravity of allegation levelled against the applicant and 4 the fact that the applicants have one previous criminal antecedents in which he has already been acquitted by this Court vide order dated 26.11.2024 passed in MCRC No. 8164/2024, the charge- sheet has been filed and he is in jail since 22.10.2024. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Ashish Mandavi and Rameshwar Uike respecitvely involved in Crime No. 267/2024 registered at Police Station- Chuikhadan, District- Khairagarh- Chuikhadan- Gandai (C.G.), for the offence punishable under Sections 34(1)(b), 35, 59-A of the Chhattisgarh Excise Act and Sections 318(4), 336(3), 340(2), 3(50, 111(2) of the Bharatiya Nyay Sanhita, 2023, be released on bail on his 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 his counsel. In case of their absence, without 5 sufficient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants 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 her, in accordance with law, under Section 209 of BNS. (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 applicant is 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti