1 2025:CGHC:51947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8435 of 2025 Lokhan Prasad Mahobiya S/o Surtilal, Aged About 38 Years R/o Karaundakala, Police Station- Amarkantak District Anuppur (M.P.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kukdur, District Kabirdham (C.G.) ...Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Tarun Naik, Advocate For Non-applicant : Ms. Subha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This is the second 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.22/2025 registered at Police Station Kukdur, District Kabirdham (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. First bail application of the applicant has been dismissed on merits vide order dated 29.05.2025 in MCRC No.4151 of 2025. 2 3. Case of the prosecution, in brief, is that on 08.02.2025 Inspector J.L. Shandilya of Police Station - Kukdur along with Assistant Sub- Inspector Kumar Mangalam and Constable No. 59 Dujaram, went on patrol in a Government-acquired vehicle bearing registration No. CG-09 JP-9796. They got down from the jeep at Chhuiha Tiraaha and were waiting to check suspicious vehicles entering Chhattisgarh from Madhya Pradesh. At that time, a vehicle came down from the hill and upon seeing the police beacon on the jeep and the police staff, reversed and attempted to go back up the hill road. Due to suspicion, the police pursued the said vehicle for approximately 4 kilometers and apprehended it. Upon conducting a lawful search, a total of 39 cartons containing 1950 quarter bottles of country-made plain liquor, each containing 180 ml total 351 bulk liters were recovered from the vehicle under the possession of the accused Piyush. The police of Police Station - Kukdur, District Kabirdham (C.G.) registered FIR bearing Crime No. 22/2025 for the offence punishable under Section 34(2) of C.G. Excise Act and arrested the accused Piyush. The vehicle a Bolero bearing registration No. CG-10-P-6651 was seized by the police. Charge-sheet has been filed and the case is pending before the learned Judicial Magistrate First Class, Pandariya, Kabirdham (C.G.) as Criminal Case No. 456/2025. 4. Learned counsel for the applicant submits that, although the applicant has one criminal antecedent on record, the said case has since been disposed of, and no adverse inference can be 3 drawn against the applicant to interfere with the investigation. It is further submitted that the co-accused, Tulsi Kashyap, who is similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 9808 of 2025, vide order dated 03.09.2025. The principle of parity in bail is a well- established legal position, whereby similarly placed accused persons should ordinarily be treated alike, unless there exists a material distinction justifying differential treatment. Learned counsel further submits that the applicant is willing to abide by any conditions imposed by this Court while granting bail, including furnishing personal bonds, sureties, or any other conditions deemed necessary to secure his attendance during the trial. As such, the applicant is entitled to the benefit of parity with the co- accused and should be granted bail pending investigation/trial. 5. On the other hand, learned State counsel admitted that the co- accused, namely Tulsi Kashyap, has been granted bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 9808 of 2025, vide order dated 03.09.2025. It is also admitted that the applicant has only one criminal antecedent, which has since been disposed of by the concerned trial Court. 6. I have heard learned counsel appearing for the respective parties at length and have carefully perused the case diary, including all material documents and records pertaining to the investigation. 4 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has only one criminal antecedent, which has been disposed of by the concerned trial Court as well as the fact that the co-accused, Tulsi Kashyap, has been granted bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 9808 of 2025, vide order dated 03.09.2025, as such the principle of parity in bail cannot be overlooked. The applicant is similarly situated with respect to the allegations and the nature of the offense. No material distinction has been brought to notice which would justify differential treatment in the matter of bail. The applicant has also undertaken to comply with all conditions that this Court may deem fit to impose to ensure his attendance during trial. In the said circumstance, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant – Lokhan Prasad Mahobiya, involved in Crime No.22/2025 registered at Police Station Kukdur, District - Kabirdham (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a 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 5 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 them under Section 269 of Bharatiya Nyaya Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita, 2023. (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 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil