1 2025:CGHC:55258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9131 of 2025 Devkumar Vishvakarma S/o Padumlal Vishvakarma Aged About 21 Years R/o Village - Pondi, P.S. Kotwali Balod, District - Balod Chhattisgarh At Present R/o House No. 21, Kolar Marg, Village - Chunabhatti Hujur, R.S. Nagar - Bhopal (M.P.) ... Applicant. Versus State Of Chhattisgarh Through P.S. Basantpur, District - Rajnandgaon Chhattisgarh ... Respondent. For Applicant : Mr. Ashish Gangwani, Advocate. For Respondent : Mr. Amandeep Singh, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 13.11.2025 1. This application under Section 483 of the BNSS, 2023 for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.245/2022 registered at Police Station Basantpur, District Rajnandgaon (CG) for the offence under Section 34 (2) of the CG Excise Act. 2. Prosecution case, in short, is that on 25.03.2022 the applicant along with co-accused Roshan Sahu in illegal manner were transporting 180 bulk liter foreign liquor from Madhya Pradesh to Rajdallihara in Bolero Car bearing registration No.CG05-F-1694. After receiving such information, Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.11.13 15:25:27 +0530 2 during patrolling said car was liquor was seized by the police near Mohara overbridge, however, present applicant taking benefit of darkness absconded from the spot and co-accused Roshan was arrested. Later on, the present applicant has surrendered on 09.10.2025. However, his bail application before the Court below was rejected. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been roped in a false case. He further submits that similarly situated co-accused Roshan Sahu has been acquitted from the charge levelled against him by the trial Court in RCC No.2719/2022 vide judgment dated 21.09.2023. He also submits that nothing has been seized from the present applicant to connect him with a crime in question. He further submits applicant is behind the bar since 09.10.2025 and trial is likely to take considerable time. He also submits that the applicant would abide by all terms and conditions imposed on him while granting bail, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for bail. 5. Having regard to the aforesaid submissions and considering the facts and circumstances of the case, particularly, considering that similarly situated co-accused Roshan has been acquitted from the charge by the trial Court and further considering the period of pretrial detention of the applicant, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 6. Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.1,00,000/- (One 3 Lac) with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:- (a) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case, (d) he shall not involve himself in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Judge Ajay