1 2025:CGHC:53437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8670 of 2025 1 - Ajay Dhivar S/o Shital Dhivar Aged About 21 Years R/o Ward No. 10, P.S. Kharora, Distt. Raipur, Chhattisgarh. 2 - Dhanendra Bhoi S/o Shri Shrawan Bhoi Aged About 18 Years R/o Ward No. 10, P.S. Kharora, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Kharora, Distt. Raipur, Chhattisgarh. ... Non-Applicant(s) For Applicants : Mr. Bharat Lal Sahu, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2025 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 applicants who have been arrested in connection with Crime No. 608/2025 registered at Police Station- Kharora, District- Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that acting upon a secret information received from an informer, the police came to know that on the date of the incident, certain unknown persons were illegally KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 transporting country-made liquor in a scooty for the purpose of sale. Acting on the said information, the police reached the spot and upon search, seized 11.520 liters of country-made liquor from the possession of the vehicle parked in an open place. Accordingly, an offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 was registered against the present applicants. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that there is no exclusive possession of the seizure of country made liquor and seizure from said open place. The prosecution has made a false case against the present applicants although the liquor which has been seized by the police is lesser than in commercial purpose for one person if divided seized liquor from two accused persons. 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 the applicants have no previous criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and the applicants are in jail since 04.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer, appearing for the State/non- applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicants are concerned, the applicants have no criminal antecedents further the quantity of country made liquor seized from the possession of the applicants i.e. 11.520 liters. Accordingly, the present applicants are not entitled for grant of 3 bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and the applicants have no previous criminal antecedents further the quantity of liquor seized from the possession of the applicants i.e. 11.520 liters of country-made liquor and further they are in jail since 04.09.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. 7. Let the applicants – Ajay Dhivar and Dhanendra Bhoi, involved in Crime No. 608/2025 registered at Police Station- Kharora, District- Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient 4 cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal