1 2025:CGHC:50978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8082 of 2025 Vijay Singh Gond S/o Narsingh Gond Aged About 24 Years R/o Kamrid, P S - Pamgarh, Distt. - Janjgir-Champa Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Shivrinarayan, Dist. - Janjgir-Champa Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aishwarya Kumar Dubey, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 299/2025 registered at Police Station Shivrinarayan, Dist. - Janjgir-Champa (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The case of the prosecution, in brief, is that on 03.08.2025, the police officers of Police Station Shivarinarayan, District Janjgir- Champa (C.G.), seized 62.500 bulk litres of country-made (Mahua) liquor from Village Rahod. The liquor was being transported on a motorcycle (H.F. Deluxe) driven by the co- accused Mahesh Kumar Patel, as per information received from an informer. The said accused was arrested on the spot. During the course of investigation, the present applicant and one Vijay Gond were made accused on the basis of the memorandum statement of the main accused Mahesh Kumar Patel. Thereafter, police registered an offence punishable under Section 34(2) and 59(a) of the C.G. Excise Act against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 62.5 bulk liters of Mahua liquor was not seized from the exclusive possession of the applicant, as seizure of the same has been made from the possession of co-accused. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that one identically situated co-accused, namely, Bhuneshwar Sarathi @ Dhanawa has already been granted regular bail by this Court vide order dated 07.10.2025 in MCRC No.7879 of 2025, so far as criminal antecedents of the applicant are concerned, applicant has two criminal antecedents, out of which, one is under the IPC, in 3 which applicant has already been acquitted, copy of the same is annexed as Annexure A/3 and one is under the Excise Act, which is pending, further the applicant is in jail since 12.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has two criminal antecedents, out of which, one is under the IPC and one is under the Excise Act. He further submits that 62.5 bulk liters of Mahua liquor has been seized from the possession of co-accused and from the memorandum statement of said co-accused, name of present applicant has come into light, which shows the involvement of present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicant and the fact that the applicant has two criminal antecedents, out of which, one is under the IPC, in which applicant has already been acquitted and one is under the Excise Act, which is pending, further considering the fact that the identically situated co-accused, namely Bhuneshwar Sarathi @ Dhanawa, whose name has been implicated based on the memorandum statement of the main accused, has already been granted regular bail by this Court vide order dated 07.10.2025 in MCRC No. 7879 of 2025, further the 4 applicant is in jail since 12.08.2025 and charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant - Vijay Singh Gond, involved in Crime No. 299/2025 registered at Police Station Shivrinarayan, Dist. - Janjgir- Champa (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the C.G. Excise Act, be released on bail on his furnishing a personal bond with two 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 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 5 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 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