1 2025:CGHC:57537 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7383 of 2025 Ranjeet Pardhi S/o Dhannu Pardhi Aged About 20 Years R/o Village- Suvartala, Thana- Saja, District- Bemetara C.G. ---Applicant versus State Of Chhattisgarh Through S H O, Thana- Parpodi, Dist.- Bemetara C.G. ---Non-applicant MCRC No. 8294 of 2025 Ajay Sahu S/o Jitendra Sahu Aged About 23 Years R/o Village Suvartala, P.S. Saja, District- Bemetara Chhattisgarh. ---Applicant Versus The State Of Chhattisgarh Through- Station House Officer Police Station Parpodi, District- Bemetara Chhattisgarh. ... Non-applicant For respective Applicants : Mr. Samir Singh and Mr. Amit Kumar Shau, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 1. The applicants have preferred this First Bail Application under Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.27 10:44:32 +0530 2 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 83/2025, registered at Police Station : Parpodi District – Bemetara (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of prosecution story in short is that, on 27.08.2025, the concerned police had received a secret information from the informant that the applicant and other co-accused have been kept illegal liquor from vehicle of Motor cycle for sealing the liquor, on this basis the police officer searched the place of incident and they have found 18.9 bulk litters from possession of the applicant and co-accused and arrested them, a bail application filed by the applicant before learned court below, which has been dismissed. Hence this bail application 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated. They further submits that both have been arrested merely on the basis of suspicion. The liquor was seized from an open place near the road, and there is no evidence on record to show that either of the applicants had any exclusive possession over the said liquor. Since the seizure was made from an open and accessible area, registering an offence under Section 34(2) of the Chhattisgarh Excise Act against both the applicants only on the basis of doubt is unjustified. Moreover, the prosecution has not conducted any measurement of the seized liquor and has taken the liquor into custody without proper measurement, which creates serious doubt regarding the validity of the seizure. The offence alleged against the applicants is triable by the Judicial Magistrate First Class, and neither 3 of the applicants has any previous criminal antecedents of a similar nature. As the trial is likely to take considerable time and both the applicants have been in judicial custody since 27.08.2025, hence, they prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant No.1 has no criminal antecedents and applicant No. 2 has four criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the possession of the present applicants 18.900 bulk liters of hand made (Mahua) liquor was seized, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and also noting that the charge-sheet has already been filed before the competent Court, as well as the fact that the applicants have been in jail since 27.08.2025 and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 7. 7. Let applicants, Ranjeet Pardhi & Ajay Sahu involved in Crime No. 83/2025, registered at Police Station : Parpodi District – Bemetara (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act., be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court 4 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 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. Sd/- (Ramesh Sinha) Chief Justice Vaibhav