1 2025:CGHC:54375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8896 of 2025 1. Dipesh Bhansali S/o Sukhram Bhansali Aged About 26 Years R/o Pahadi Chowk, Krishna Nagar, P.S.- Gudhiyari, District Raipur, Chhattisgarh 2. Sujeet Tiwari S/o Dinesh Tiwari Aged About 23 Years R/o Near Shiv Mandir, Pandri, District Raipur, C.G. ...Applicants versus State of Chhattisgarh Through SHO, P.S.- Amanaka, Raipur, District Raipur, C.G. ... Non-Applicant For Applicants : Mr. Vinay Nagdev, Advocate.(through video- conferencing). For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07/11/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 219/2025 registered at Police Station- Amanaka, District Raipur, (C.G.), for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act. 2. As per the prosecution story, on 07.07.2025, the applicants were arrested by the investigating agency while their vehicles were being intercepted, during which a total of 180 bulk litres of foreign liquor was recovered 90 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.07 15:58:58 +0530 2 litres from vehicle No. CG04NL6526, in which applicant no. 1 was travelling, and the remaining 90 litres from vehicle no. CG04PT7888, in which applicant no. 2 was travelling. Thereafter, both applicants were arrested. After their arrest, they were produced before the concerned Judicial Magistrate First Class, who remanded them to judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that two co-accused persons have already been granted bail by this Court vide order dated 16.10.2025 passed in MCRC Nos. 7371/2025 and 7827/2025. Further, applicant No.1 has one previous criminal antecedent and applicant No.2 has no previous criminal antecedents. He also submits that the charge-sheet has been filed in the present case and the applicants are in jail since 07.07.2025. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant No.1 has one previous criminal antecedent and applicant No.2 has no previous criminal antecedents. She further submits that a total of 180 bulk litres of foreign liquor was recovered , 90 litres from vehicle bearing registration No. CG04NL6526, in which applicant No. 1 was travelling, and the remaining 90 litres from vehicle bearing registration No. CG04PT7888, in which applicant No. 2 was travelling. Therefore, the applicant are not entitled for grant of bail. 3 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 applicant and the fact that the two co-accused persons have already been granted bail by this Court vide order dated 16.10.2025 passed in MCRC Nos. 7371/2025 and 7827/2025, further the applicant No.1 has one previous criminal antecedent and applicant No.2 has no previous criminal antecedents, further the charge-sheet has been filed and they are in jail since 07.07.2025, the 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. Accordingly, the bail application is allowed. Let the applicant Nos.1 and 2 - Dipesh Bhansali and Sujeet Tiwari, involved in Crime No. 219/2025 registered at Police Station- Amanaka, District - Raipur, (C.G.), for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act, be released on bail on his 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 4 counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of BNS. (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 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 BNS. (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 applicant are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti