1 2025:CGHC:56769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9433 of 2025 1. Harishchand Pardhi S/o Late Mohan Pardhi Aged About 32 Years R/o Village Borshi, Police Station Berla, District Bemetara (C.G.) 2. Anil Pardhi S/o Late Chandan Pardhi Aged About 24 Years R/o Village Borshi, Police Station Berla, District Bemetara (C.G.) ... Applicants versus The State of Chhattisgarh Through Station House O0cer At Police Station Berla, District Bememtara (C.G.) ... Non-applicant For Applicants : Mr. Amit Kumar Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 258/2025, registered at Police Station Berla, District – Bemetara (C.G.) for the o=ence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution case in short is that on 10.09.2025, the concerned police received secret information from an informant that a red-colored car bearing registration No. CG/07/M/4134 had overturned near Village ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 17:06:48 +0530 2 Sankara Ripa Factory. On the basis of this information, the police o0cers searched the place of the incident and found 36 bulk litres of liquor in the possession of the applicants and subsequently arrested them. 3. It is argued by the learned counsel for the applicants that they have been falsely implicated in this case. He also submits that applicant No. 1 has two criminal antecedents under the Excise Act, one case having been disposed of and the other being at the evidence stage, while applicant No. 2 has no criminal antecedents. He further submits 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 10.09.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present 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 applicant No. 1 has two criminal antecedents under the Excise Act, one case having been disposed of and the other being at the evidence stage, while applicant No. 2 has no criminal antecedents and submits that the charge-sheet has been Dled before the competent Court. 5. I have heard learned counsel 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 applicants and the fact that the applicant No. 1 has two criminal antecedents under the Excise Act, one case having been disposed of and the other being at the evidence stage, while applicant No. 2 has no criminal antecedents, moreover, the fact that the charge-sheet has already been submitted before the competent Court in the present case, applicants are in jail since 3 10.09.2025 conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Harishchand Pardhi and Anil Pardhi, involved in Crime No. 258/2025, registered at Police Station Berla, District – Bemetara (C.G.) for the o=ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing 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 Dle an undertaking to the e=ect that they shall not seek any adjournment on the dates Dxed 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 Dxed, either personally or through their counsel. In case of their absence, without su0cient 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 Dxed 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 Dxed for (i) opening of the case, 4 (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 su0cient 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. O0ce is directed to provide a certiDed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek