1 2025:CGHC:51741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8370 of 2025 Aniket Gupta S/o Rambilas Gupta Aged About 29 Years R/o Ambikapur, Tahsil Ambikapur,police Station Ambikapur,district Surguja C.G. ... Applicant versus State Of Chhattisgarh Through (Police Station) Office Of Sub Inspector Excise Circle Ramanujnagar, District Surajpur C.G. ... Non-applicant For Applicant : Mr. Rohitashva Singh, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 43/2025, registered at Police Station Office Of Sub Inspector Excise Circle Ramanujnagar, District - Surajpur C.G. for the offence punishable under Section 38(A) 39(B), 39(C), 34(1)(A), 34(2) 59(A) of the C.G. Excise Act. 2. As per the prosecution story as mentioned in rejection order of bail [F.I.R. is not available in police website because this case is registered VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:41 +0530 2 in the office of Sub Inspector Excise Circle Ramanujnagar District Surajpur (C.G.) therefore copy of F.I.R is not filed herewith] while on patrolling Sub Inspector Excise Circle has received secret information that accused adulterated the liquor and sold it, when they reached in spot and duly searched the liquor shop Jarhi Police Station Bhatgaon and found that 38 bottles MacDowell No.1 Whiskey total 36.75 bulk liter, and it is alleged that accused adulterated the liquor and tempered the holograms and caps of the liquor, thereafter crime was registered against the present applicant and other accused. 3. Learned counsel for the applicant respectfully submits that the applicant has been falsely implicated in the aforementioned offence. The police have not followed the proper procedure as prescribed under the Excise Act. The applicant was working as a supervisor at the English Wine Shop, Jarhi, and at the time of the police visit, he was not present inside the shop; he was arrested outside the premises and has no involvement in the alleged offence. No liquor was seized from the exclusive possession of the applicant, and he is not connected in any manner with tampering of holograms or caps of wine bottles. The applicant is about 29 years old and is the sole earning member of his family. Considering the facts and circumstances of the case, it is evident that the alleged offence is not made out against the applicant. Further, the applicant met with an accident on 08.06.2025, resulting in severe injury to his left leg for which a rod was installed, and his medical condition is poor; prolonged detention would adversely affect his health. The applicant has been in custody since 07.08.2025. He is a permanent resident of 3 the address mentioned in the cause title and there is no likelihood of his absconding. The applicant is ready to furnish adequate surety and undertakes to abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays that he be released on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 07.09.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Aniket Gupta, involved in Crime No. 43/2025, registered at Police Station Office Of Sub Inspector Excise Circle Ramanujnagar, District - Surajpur C.G. for the offence punishable under Section 38(A) 39(B), 39(C), 34(1)(A), 34(2) 59(A) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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. (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav