1 2025:CGHC:56607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9397 of 2025 1 - Shailendra Rathore S/o Bhisham Rathore Aged About 20 Years R/o Village- Gorsi P.S. And Tahsil- Jaithari Distt.- Annupur (M.P.) 2 - Pradeep Rathore S/o Komal Rathore Aged About 19 Years R/o Village- Thakurdai Umariya P.S. And Tahsil- Jaithari Distt.- Annupur (M.P.) ... Applicants versus 1 - State of Chhattisgarh Through P.S Gaurela Distt.- Gaurela- Pendra- Marwahi (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vijay Shankar Mishra, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/11/2025 1. This is Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.81/2025 registered at Police Station- Gaurela, District - Gaurela-Pendra-Marwahi (C.G.), for the offence punishable under Sections 34(2) and 59(A) of Excise Act. 2. The first bail filed by the applicants was rejected vide order dated 18.07.2025 in MCRC No.5628 of 2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.21 16:54:39 +0530 2 3. The prosecution story in brief, is that on 29.03.2025 Assistant Sub Inspector Ashok Sonwani received an information regarding the transporting of illegal liquor of Madhya pradesh on which along with other 3 constables he moved the place which was indicated by the informer that is Madna over bridge .After sometimes Eco Car bearing CG 12 BC 1912 was intercepted in which the accused persons namely Tej Raj Rathore Shailendra Rathore, and pradeep Rathore were sitting The vehicle was inquired in which 22 cartoons of Foreign liquor bearing different branch and batch no total about 187 bulk litre worth Rs 1Lakh Labelling of Mp govt. was found, the accused person were asked for through notice U/s 94 of BNSS regarding the legal documents of liquor but they did not produce. The illegal liquor was seized in presence of witnesses the ECO car and mobile of accused persons were also seized. The memorandum od accused persons were recorded in which he have deposed that the illegal liquor was being transport for present accused Gaurav Vishwakrma who had paid the amount online for that. Therefore the present accused was also arrested in connection with the aforesaid crime no 81/2025. Hence this b application on the following grounds. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that no seizure has been made from the possession of the present applicant, only on the basis of memorandum statement of the co-accused, present applicant has falsely implicated in crime in question. He also submits that one co-accused namely Gaurav Vishwakarma, whose bail application was rejected by this Court, now he granted bail by the Hon’ble Apex Court vide order dated 07.11.2025. He further submits that there is no criminal 3 antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 29.03.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. She also submits that no recovery has been made from the possession of one co-accused namely Gaurav Vishwakarma and he has granted bail by the Hon’ble Apex Court vide order dated 07.11.2025. It is further submitted that a total of 187 bulk liter liquor has been seized from the joint possession of the present applicants, therefore, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 187.020 bulk liters of English liquor bearing MP labels of various brands were seized from the possession of the applicants without any valid licence and no plausible explanation has been offered in this regard, further the other co- accused person, namely Tejraj Rathor, has already been rejected bail by this Court in MCRC No. 5106/2025 vide order dated 02.07.2025, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that 4 it is not a fit case to enlarge the applicants on bail. 8. Accordingly, the Second bail application of the applicants namely Shailendra Rathore and Pradeep Rathore involved in Crime No.81/2025 registered at Police Station- Gaurela, District - Gaurela- Pendra-Marwahi (C.G.), for the offence punishable under Sections 34(2) and 59(A) of Excise Act, is rejected at this stage. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali