1 2025:CGHC:61338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9248 of 2025 Vinod Kumar Gupta S/o Ram Ashray Gupta, Aged About 45 Years R/o Village- Nariyal Kothi, Dayalband, Bilaspur (C.G.) At Present R/o Bilari Road Rahod, Police Station- Shivarinarayan, District Janjgir Champa (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Shivarinarayan, District Janjgir Champa (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 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. 667/2025, 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 prosecution story that in brief is that on 22/10/2025, police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 11:14:11 +0530 2 officer's of Police Station-Shivarinarayan, District-Janjgir-Champa (C.G.) have seized 19 bulk liter countries made (Mahua) liquor near the Pakariya Mod from the vehicle Platina Motor Cycle No. C.G.11 CK 0642, which was driven by the applicant, as per information given by the informer, thereafter he subsequently been arrested by concern prosecution authorities. 3. Learned counsel for the applicant submits that the applicant is an innocent and reputed person and has not been involved in the alleged offence, but has been falsely implicated by the prosecution authorities. It is submitted that at the time of the alleged incident, no liquor was seized from the possession of the applicant and he was pressurized by the concerned police officials to put his signature/thumb impression as a witness, which he refused, and thereafter he was falsely roped in the present case. It is further submitted that the alleged liquor was seized from an open place and not from the exclusive or conscious possession of the applicant, yet he has been falsely implicated in order to shield the real offender. The investigation has already been completed and the charge-sheet has been filed before the learned trial Court; therefore, no further custodial interrogation of the applicant is required. The applicant has been in jail since 22.10.2025, therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 22.10.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Vinod Kumar Gupta, involved in Crime No. 667/2025, 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 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 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 4 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