1 2025:CGHC:6129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 957 of 2025 1. Ashok Jolhe S/o Jeevanlal Aged About 23 Years R/o Village - Palsapali, Police Station - Baloda, District - Mahasamund (C.G.) 2. Saurabh Jolhe S/o Neelsagar Aged About 19 Years R/o Village - Palsapali, Police Station - Baloda, District - Mahasamund (C.G.) 3. Sampatlal Khunte S/o Ramdas Khute Aged About 32 Years R/o Village - Palsapali, Police Station - Baloda, District - Mahasamund (C.G.) ... Applicants versus State of Chhattisgarh Through - Police Station - Excise Circle Saraipali, District- Mahasamund (C.G.) … Non-applicant For Applicants : Ms. Ankita Shriwas, Advocate For Non-applicants/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2025 1. The applicants have preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No. 113/2024, registered at Police Station Excise Circle Saraipali, District- Mahasamund (C.G.) for the offence punishable ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.04 17:08:14 +0530 2 under Sections 34(1), 34(2) and 46(2) of the Chhattisgarh Excise Act. 2. The prosecution story in a nutshell is that on 09.09.2024, the excise team based on secret information made patrolling in village Kotdwari Baloda road, and during that time unknown persons ran away from the road leaving behind his scooty after seeing Excise team. The excise team recovered 140 bulk liters of handmade mahua liquor from the scooty bearing Chesis no. ME4JK155ERW224421. The scooty and liquor was seized. Thereafter, the offence was registered u/s 34(1), 34(2) & 46(2) of Excise Act against unknown person. After investigation, the owner of the seized scooty was found as Ashok Jolhe, Applicant no.1. The applicant no. 2 & 3 namely Saurabh Jolhe and Samaylal Jolhe were also made accused based on the memorandum of the applicant no. 1. After that, all the applicants were arrested. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. She further submits that the applicants are languishing in jail since 28.12.2024, though the charge-sheet has been filed, the trial is likely to take some time for its conclusion. She later submits that so far as criminal antecedents of the applicants are concerned, the applicants have no previous criminal antecedents registered against them. She lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, she prays grant of 3 bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application submits that 140 bulk liters of handmade mahua liquor was recovered from the possession of the applicants. Hence, their bail application is liable to be rejected. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants, quantity of liquor seized and the fact that applicants have no previous criminal antecedents registered against them, charge - sheet has already been filed and they are in jail since 28.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 6. Let applicants, Ashok Jolhe, Saurabh Jolhe and Sampatlal Khunte, involved in Crime No.113/2024, registered at Police Station Excise Circle Saraipali, District - Mahasamund (C.G.) for the offence punishable under Section 34(1), 34(2) and 46(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two 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 4 court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient 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 sufÏcient 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek