1 2025:CGHC:52979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8503 of 2025 Indradev Rajwade S/o Geeta Prasad Rajwade Aged About 32 Years Caste - Rajwar, R/o - Village - Sattipara, P.S. And Tehsil - Pratappur, District - Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S.- Ramanujnagar, District - Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abhinav Dubey, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 43/2025 registered at Police Station Ramanujnagar, District - Surajpur (C.G.) for the offence punishable under Sections 38(A), 39(B), 39(C), 34(1)(A), 34(2), AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 59(A) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 07.08.2025, during a search conducted at the foreign liquor shop situated at Jarhi, in the presence of witnesses and shop employees, about 38 bottles of McDowell No.1 Whisky, 10 bottles of Royal Stag Whisky, and 1 bottle of Blender’s Pride Whisky (each of 750 ml capacity), totaling approximately 36.75 liters of foreign liquor, were recovered. It is alleged that during the said search and proceedings, the present applicant Indradev Rajwade along with co-accused persons Muneshwar Singh and Ganga Ram fled from the spot. During investigation, it was revealed that the holograms and caps of the seized bottles were tampered with and that the strength of the liquor had been reduced. It was further found that the accused had adulterated the liquor by mixing water to reduce its potency. The shop employee present at the time of search also stated that the said adulterated liquor was kept in the shop for sale. Accordingly, an offence under Sections 38(A), 39(B), 39(C), 34(1)(A), 34(2), and 59-A of the Chhattisgarh Excise Act was registered against the accused for adulterating liquor, tampering with holograms and caps, and selling such adulterated foreign liquor at the Jarhi shop. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated 3 co-accused, namely, Aniket Gupta has already been granted bail by this Court vide order dated 16.10.2025 in MCRC No. 8370 of 2025. The applicant is in jail since 07.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly involved in the management and operation of the foreign liquor shop at Jarhi, adulterated the liquor by mixing water to reduce its strength and tampered with the holograms and caps of the bottles for illegal sale. During the search, the applicant fled from the spot, indicating his complicity in the offence, therefore, the applicant is not entitled for grant of 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 offence, period of detention of the applicant since 07.08.2025, the fact that though the applicant allegedly involved in the management and operation of the foreign liquor shop at Jarhi, adulterated the liquor by mixing water to reduce its strength and tampered with the holograms and caps of the bottles for illegal sale, but considering the fact that identically situated 4 co-accused, namely, Aniket Gupta has already been granted bail by this Court vide order dated 16.10.2025 in MCRC No. 8370 of 2025, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Indradev Rajwade, involved in Crime No. 43/2025 registered at Police Station Ramanujnagar, District - Surajpur (C.G.) for the offence punishable under Sections 38(A), 39(B), 39(C), 34(1)(A), 34(2), 59(A) of C.G. Excise Act, be released on bail on his furnishing a 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil