1 2025:CGHC:51502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8239 of 2025 Sagar Sonwani S/o Rikhi Ram Sonwani, Aged About 25 Years, R/o Village Doma, P S Mujgahan, District- Raipur C.G. ... Applicant versus State Of Chhattisgarh Through The P S Tikrapara, District- Raipur C.G. ... Non-Applicant For Applicant : Mr. N.Naha Roy, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 442/2025, registered at Police Station – Tikrapara, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 316(5), 61(2) and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2. As per the case of the prosecution, on 15.06.2025, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.16 18:09:17 +0530 2 complainant namely, Pradeep Kumar Gupta who is a field officer at Bombay Integrated Security India Ltd., which provides human resource for work to various liquor stores owned by the State Government for the purpose of running the liquor store, filed his complainant before the police station: Tikrapara, Raipur (CG), alleging that on 13.06.2025, a liquor store situated at Lalpur was raided by the Excise Department which brought forth the fact that liquor was being diluted by the accused persons in order to enrich themselves, which has allegedly costed the complainant money to the tune of Rs. 29,63,220.00. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that a separate case was also registered under the Excise Act against the applicant and the co-accused, bearing Crime No. 69/2025, in which the applicant has already been granted bail by order dated 04.09.2025, passed in MCRC No. 6773/2025. It is further submitted that the charge-sheet has been filed in the present case, and the applicant has been in jail since 04.08.2025. As the trial is likely to take a considerable amount of time to conclude, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that a separate case was also registered under the Excise Act against the applicant and the co-accused, bearing Crime No. 69/2025, in which the applicant has already been granted bail by order dated 04.09.2025, passed in MCRC No. 6773/2025, further the charge-sheet has been filed in the present case, and the applicant has been in jail since 04.08.2025 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Sagar Sonwani, involved in Crime No. 442/2025, registered at Police Station – Tikrapara, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 316(5), 61(2) and 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 4 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 his 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 his, 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 5 proceed against his 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 Preeti