1 2025:CGHC:50722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7161 of 2025 Babulal Haror S/o Mohan Lal Haror Aged About 53 Years R/o-Village Runija Maaali Mohalla, P.S. Bhatpachlana, District- Ujjain, Madhya Pradesh. ... Applicant versus State of Chhattisgarh Through The Inspector, Police Station Dongargarh, District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Amit Buxy, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.10.2025 1. This is the first bail application filed under Section 483 of the Bharatiya 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 offence punishable under Sections 111, 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 34(2), 59(A) of the Chattigarh Excise Act. 2. As per the prosecution story, Sub-Inspector, Police Station Dongargarh, District Rajnandgaon, lodged an FIR under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, 2002. Subsequently, Sections 111, 338, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.13 11:19:19 +0530 2 336(3), and 340(2) of the Bharatiya Nyaya Sanhita, 2023 were added in the final report. It is alleged that in a farmhouse situated at Village Karwari, Dongargarh, belonging to one Rohit Netam alias Sonu, a huge quantity of illicit liquor measuring 3888 bulk litres was found and seized by the respondent police department. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 11.04.2025. He further submits that the other co - accused, namely, Pawan Sharma, Vikram Ahuja, Ganesh Narayan Bhojne, Rohidas Satardekar, Suraj Kadam and Chandan Mamtani have already been granted regular bail by this Court in MCRC No. 5479 of 2025, MCRC No. 5435 of 2025, MCRC No. 5754 of 2025 and MCRC No. 5953 of 2025 vide order dated 31.07.2025, therefore, the present applicant is also entitled to be grant of regular bail on the ground of parity. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 present applicant and the fact that the charge-sheet has already been filed before the competent Court and he has been in jail since 13.06.2025. Also considering the fact that the co - accused, namely, namely, Pawan Sharma, Vikram Ahuja, Ganesh Narayan Bhojne, Rohidas Satardekar, Suraj Kadam and 3 Chandan Mamtani have already been granted regular bail by this Court in MCRC No. 5479 of 2025, MCRC No. 5435 of 2025, MCRC No. 5754 of 2025 and MCRC No. 5953 of 2025 vide order dated 31.07.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. 7. Let the applicant – Babulal Haror, involved in Crime No. 127/2025 registered at Police Station Dongargarh, District Rajnandgaon (C.G.), for the offence punishable under Sections 111, 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 34(2), 59(A) of the Chattigarh 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 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 4 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 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 Abhishek