1 2025:CGHC:60425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8497 of 2025 1 - Ramgopal Yadav S/o Devsingh Yadav Aged About 40 Years R/o Village Moya, Police Station Vyavra, District Rajgarh (M.P.) 2 - Malkhalan Singh S/o Bhagwan Singh Aged About 35 Years R/o Village Bigwa, Police Station Rath, District Hamirpur (U.P.) 3 - Mahendra Anuragi S/o Umesh Anuragi Aged About 23 Years R/o Village Panwadi, Police Station Panwadi, District Mahoba (U.P.) 4 - Bhagwat Singh Bundela S/o Vijay Singh Bundela Aged About 48 Years R/o Village And Police Station Matgawan, District Chhaterpur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Faterpur, District Mungeli C.G. ... Respondent(s) For Applicant(s) : Mr. Devesh Chandra Verma, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/12/2025 1. This is the first bail application filed under Section 483 of the 2 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. 44/2025 registered at Police Station Faterpur, District Mungeli (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) & 59(A) of C.G. Excise Act, Sections 103 & 104 of Trade Mark Act and Sections 318 & 336 r/w 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 31.08.2025, Sub- Inspector G.S. Yadav received information that near Mungeli Road, Dabbo Basti, a tanker (MP 09 HH 5348) was being used to illegally extract spirit for manufacturing fake country liquor. Police reached the spot and caught four persons Ramgopal Yadav, Malkhan Singh, Mahendra Anuragi and Bhagwat Singh Bundela engaged in filling spirit into bottles using fake stickers, holograms and labels. From their possession, police seized 34,900 BL spirit, fake labels, holograms, bottle caps, jerricans, mobile phones, the tanker and an Alto car. Accused Ramgopal admitted that the spirit was being transported legally but they illegally removed 100 BL for preparing and selling illicit liquor. Two of the accused also have past criminal records under Excise and IPC offences. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the police have prepared a false seizure memo with the sole intention of wrongly implicating the applicants in this case, and the applicants are confident that they will ultimately be acquitted of the allegations levelled against them. 3 He also submits that no offence is made out against the applicants under the Excise Act, the BNS or the Trade Marks Act, and the police have falsely involved them in the present matter. The applicants are in jail since 01.09.2025, the applicants No.2, 3 and 4 have one criminal antecedent under the Excise Act, out of which applicant’s No.4 criminal antecedent has already been disposed of, further 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 applicants are alleged to have illegally extracted spirit from a tanker and used it for manufacturing fake country-made liquor by filling bottles with spirit and applying counterfeit stickers, holograms and labels. A total of 34,900 BL spirit, jerricans, fake labels, holograms, bottle caps, the tanker and an Alto car were seized from their possession the applicants are accused of engaging in the illegal production, transportation and sale of illicit liquor for unlawful profit. Additionally, applicants No.2, 3 & 4 have past criminal records under the Excise Act, therefore, they are 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 applicants 4 since 01.09.2025, the fact that though the applicants are alleged to have illegally extracted spirit from a tanker and used it for manufacturing fake country-made liquor by filling bottles with spirit and applying counterfeit stickers, holograms and labels and a total of 34,900 BL spirit, jerricans, fake labels, holograms, bottle caps, the tanker and an Alto car were seized from their possession, but considering the fact that applicants No.2, 3 and 4 have only one-one criminal antecedent under the Excise Act, out of which applicant’s No.4 criminal antecedent has already been disposed of and charge- sheet has been filed, as such, 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. Let the Applicants-Ramgopal Yadav, Malkhalan Singh, Mahendra Anuragi and Bhagwat Singh Bundela, involved in Crime No. 44/2025 registered at Police Station Faterpur, District Mungeli (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) & 59(A) of C.G. Excise Act, Sections 103 & 104 of Trade Mark Act and Sections 318 & 336 r/w 3(5) of BNS, be released on bail on their furnishing a personal bond with two lcoal 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. 5 (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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 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. 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