1 2025:CGHC:3686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 593 of 2025 Samim Khan S/o Abdul Sakur Aged About 51 Years R/o Bajrang Nagar Ranad Kamthi Police Station Naya Kamthi District - Nagpur (Maharastra) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Chuikhadan District - Khairagarh-Chuikhadan - Gandai (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 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. 267/2024 registered at Police Station Chuikhadan, District Khairagarh-Chuikhadan-Gandai (C.G.), for the offences 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 Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that on September 6, 2024, the Station 2 House OfÏcer at Police Station Chuikhadan received information that co-accused Jeevan Tandan was selling illegal liquor near a banyan tree at Village Vicharpur. Following a raid, 3.060 bulk liters of country-made liquor were seized. The police found that the seized liquor had no label or hologram. Consequently, an offense under Section 34(1)(b) of the Excise Act was registered against Jeevan Tandan. During further investigation on September 7, 2024, the seized liquor was tested by the Excise Circle Chuikhadan and found to be counterfeit. Jeevan Tandan was interrogated again, and in his statement, he revealed that he had purchased the seized liquor from co-accused Vinod Soni. Further inquiry revealed that Vinod Soni and other accused persons were already in jail in connection with Crime No. 204/2024 at Gandai Police Station. The applicant and other accused persons were subsequently named as accused in the present case. It is further alleged that all accused persons are involved in manufacturing and selling counterfeit liquor. Police Station Gandai had previously seized articles used for manufacturing counterfeit liquor. A charge sheet was filed under Sections 34(1)(b), 35, and 59(A) of the Chhattisgarh Excise Act, and Sections 318(4), 336(3), 340(2), 3(5), and 111(2) of the Bharatiya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits other the co-accused person, namely, Jaikaran Gurupanch and Vinod Soni, vide order dated 02.01.2025 in MCRC No. 9029 of 2024, have already been granted 3 regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case. 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 that the co-accused person, namely, Jaikaran Gurupanch and Vinod Soni, vide order dated 02.01.2025 in MCRC No. 9029 of 2024, have already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 11.09.2024 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Samim Khan, involved in Crime No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh- Chuikhadan-Gandai (C.G.), for the offences 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 Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of 4 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 him 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 sufÏcient cause, then it shall be 5 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.22 11:09:19 +0530