1 2025:CGHC:49786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7879 of 2025 Bhuneshwar Sarathi @ Dhanawa S/o Shri Devlal Sarathi Aged About 20 Years R/o Ward No. 13, Rani Talab Par, Janjgir, Police Station- Janjgir, District Janjgir-Champa C.G. ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate Janjgir, District Janjgir-Champa C.G. ... Non-applicant(s) For Applicant : Mr. Parasmani Shriwas, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 299/2025, registered at Police Station : Shivarinarayan , District- Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 03.08.2025, the police officers of Police Station Shivarinarayan, District Janjgir- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 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 has registered an offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that at the time of incident liquor has been seized from possession of the main accused but prosecution authorities have pressurized him to implicate the applicant's name in crime in question. Therefore no any case has been made out against the applicant and at the time of incident no any liquor has been seized from possession of the applicant but he falsely been implicated by prosecution authorities in crime in question only on the basis memorandum statement of main accused Mahesh Kumar Patel. 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 and in the present case, charge-sheet has filed before the competent Court further the applicant has one criminal antecedent under the IPC of the year 2023, in which he has already been acquitted which has been explained in the bail application of para 3 No. 4(a) and the applicant is in jail since 29.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one previous criminal antecedent under the IPC which is of the year 2023. He further submits that from the possession of the co-accused 62.500 bulk liters of countries made Mahua liquor was seized and as such the present applicant has been implicated on the basis of memorandum statement of the co- accused, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant and the fact that the charge-sheet has already been filed before the competent Court, it is observed that the applicant has one previous criminal antecedent under the IPC pertaining to the year 2023, in which he has already been acquitted. Further, the quantity of liquor seized from the possession of the co-accused is 62.500 bulk litres of country-made Mahua liquor and the present applicant has been implicated on the basis of the memorandum statement of the main accused and he has been in custody since 29.08.2025, and as the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 4 7. Let applicant, Bhuneshwar Sarathi @ Dhanawa, involved in Crime No. 299/2025, registered at Police Station : Shivarinarayan , District- Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act, be released on bail on furnishing 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 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 Kunal