1 2025:CGHC:54901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7683 of 2025 1 - Rahul Loniya S/o Punit Ram Loniya Aged About 23 Years R/o Gram- Stationpara, Ghutku, Thana- Koni, Distt.- Bilaspur (C.G.) 2 - Deepak Loniya S/o Parmeshwar Loniya Aged About 20 Years R/o Gram- Stationpara, Ghutku, Thana- Koni, Distt.- Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through- Aarakshi Kendra- Kota, Distt.- Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Shashi Kumar Kushwaha, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.11.2025 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 applicants who have been arrested in connection with Crime No. 872/2025 registered at Police Station – Kota District – Bilaspur (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution case is that the on 07.09.2025, acting upon a secret information received from an informer, the police apprehended the applicants/accused at Village Khargahna Parthara while they were VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.12 12:26:33 +0530 2 transporting illicit hand-made mahua liquor. Upon search, a total of 50 litres of hand-made mahua liquor, packed in two membranes of 25 litres each, kept in a cloth bag on a scooter bearing registration number CG 10 BX 4186, was recovered from their possession. The seized liquor, valued at approximately Rs. 10,000/-, along with the said scooter used in the commission of the offence, was duly seized under proper seizure memo. Thereafter, the contraband was confiscated, and a case was registered against the applicants/accused under the relevant provisions of law. Subsequently, the applicants were arrested, and investigation into the matter is in progress. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the no illicit liquor was seized from their possession, and they were arrested merely on the basis of suspicion. The applicants/accused have no connection whatsoever with the alleged offence, and a false case has been fabricated against them as part of a deliberate conspiracy. They have been in judicial custody since 08.09.2025, as per the First Information Report annexed herewith as Appendix A-02. The applicants are poor daily wage labourers, and their continued detention is causing severe hardship to their families. The applicants are permanent residents of Village Stationpara, Ghutku, Police Station Koni, District Bilaspur (C.G.), and there is no likelihood of their absconding or tampering with the prosecution witnesses. The applicants are ready and willing to furnish adequate sureties and undertake to abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, they 3 prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicants, and also taking into account that the applicants have no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicants have been in judicial custody since 08.09.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicants are entitled to be released on bail in the present case. 7. Let the applicants – Rahul Loniya and Deepak Loniya, involved in Crime No. 872/2025 registered at Police Station – Kota District – Bilaspur (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on furnishing a personal bond with two local 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 4 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav