1 2025:CGHC:52583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8532 of 2025 Tony Paswan S/o Ramta Paswan Aged About 26 Years R/o Village Kirti Ward No. 09, P.S. Karakat Godari, District Rohtas (Bihar) ... Applicant versus State Of Chhattisgarh Through P.S. Dongargarh Distt. - Rajnandgaon Chhattisgarh ... Respondent For Applicant : Mr. F.S. Khare, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 127/2025 registered at Police Station - Dongargarh District - Rajnandgaon (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act and Section 111, 338 and 336(3) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:09 +0530 2 2. The prosecution story in short is that on 29.03.2025 the police received information that a huge quantity of illegal liquor had been stored in the farmhouse of Rohit Netam @Sonu. It was alleged that the liquor had been transported from the State Madhya Pradesh and kept at the farmhouse situated on Karwari Latmarra Kachcha Road, with the intention of filling the same into bottles bearing the seal of Chhattisgarh and selling them thereafter. Acting upon the said information, the police partly proceeded to the aforesaid farmhouse, wherefrom the liquor was seized. At the spot, numerous empty bottles were also found, though no stickers or corks had been affixed. Upon examining the seal. It was revealed that the liquor had been transported from another State for the purpose of sale in Chhattisgarh. Consequently, a total of 3,888 bulk liters of liquor, along with other article, was seized frim the said farmhouse. Thereafter, a Dehati Nalisi was lodged against Rohit Netam @ sonu. During the course of investigation, several other accused persons were taken into custody, and information regarding the involvement of all accused persons was obtained. In the process, co-accused Vikram Ahuja @ Vicky was arrested from Delhi on 13.04.2025, and he disclosed the entire case and thereafter it was found that the present applicant is the driver of container in which the illegal liquor was transported. On the basis thereof has been arrested by the police. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant was merely the driver of the container in question and had no knowledge or involvement in the commission of the alleged offence. The applicant’s arrest is solely 3 based on his employment as a driver, without any substantive evidence linking him to the alleged crime. It is further submitted that four co-accused persons have already been granted bail by this Hon’ble Court in MCRC Nos. 5479/2025, 5435/2025, 5754/2025, and 5953/2025 vide order dated 31.07.2025, and another co-accused, Dashrath Mina, has also been granted regular bail by this Hon’ble Court vide order dated 01.08.2025. The applicant has been in judicial custody since 07.04.2025, and the charge sheet has already been filed., therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed 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, and the fact that the co-accused persons have already been granted bail by this Hon’ble Court in MCRC Nos. 5479/2025, 5435/2025, 5754/2025, and 5953/2025 vide order dated 31.07.2025, and another co-accused, Dashrath Mina, has also been granted bail by this Hon’ble Court vide order dated 01.08.2025, further considering that the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 07.04.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the view that the present applicant is entitled to be released on bail in 4 this case. 7. 7. Let the Applicant – Tony Paswan, involved in Crime No. 127/2025 registered at Police Station - Dongargarh District - Rajnandgaon (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act and Section 111, 338 and 336(3) of the BNS 2023, be released on bail on his furnishing 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 sufficient cause, the trial court may proceed against his 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 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 him, in accordance with law, under Section 209 of the 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 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 5 trial court to treat such default as abuse of liberty of bail and proceed against him 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav