1 2025:CGHC:59779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9276 of 2025 Rakesh Dhruve S/o Tarachand Dhurve, Aged About 25 Years R/o Munjal, Police Station Chilhati, Tehsil Ambagarh Chowki, District Mohla- Manpur- Ambagarh Chowki (C.G.) ...Applicant versus State Of Chhattisgarh Through Excise Circle Ambagarh Chowki, District Mohla- Manpur- Ambagarh Chowki (C.G.) ... Non-applicant For Applicant : Mr. Basant Dewangan, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.12.2025 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. 40/2025, registered at Police Station : Excise Circle Ambagarh Chowki District – Mohala Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story that in brief is thaton 03/09/2025 the excise VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.10 12:17:55 +0530 2 circle received an information by the informant that applicant is carrying 35 Bulk litres of country made liquor and 100 k.g. Mauha Lahan the same has been recovered from the possession of the applicant thereafter he was arrested on 03/09/2025. The copy of first information report is not uploaded by the concerned website. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He further submits no recovery has been made from his possession and he has been made a scapegoat in the criminal case without proper reasons or grounds; that the charge sheet has been filed and the applicant has been in jail since 03.09.2025, and there is not even an iota of evidence to attract the ingredients of the alleged offences under the Excise Act; that the offences mentioned are not made out against the applicant, who has been implicated solely on the basis of suspicion, and the alleged recovery was not found from his possession; that the allegations are false and the applicant has not committed any of the offences for which he has been arrested, as incorrect information was furnished to the police; that the applicant is the sole bread-earner of his family, and his continued incarceration is causing suffering to his dependents; that he had no involvement or intention to commit the alleged acts, and nothing substantial has come on record against him; that the applicant is ready to abide by all directions and conditions imposed by this Hon’ble Court, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application and does not endorse the submissions made by the 3 learned counsel for the applicant. He submits that the applicant has two criminal antecedents and that the charge-sheet has already been filed before the competent Court. He further submits that 35 bulk liters of country-made liquor were seized from the possession of the present applicant, therefore, he is not entitled to be granted bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant moreover, the fact that the charge-sheet has been filed before the competent Court and applicant is in jail since 03.09.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rakesh Dhruve, involved in Crime No. 40/2025, registered at Police Station : Excise Circle Ambagarh Chowki District – Mohala Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Section 34(2) 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:- (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 his under 4 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