1 2025:CGHC:6134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 966 of 2025 Ashish Manik Rao Darote S/o Manik Rao Darote Aged About 42 Years R/o Plot No. 5, Manewada Road, Behind Sahu Garden Convent, Naik Nagar, Parvati Nagar, Nagpur, District - Nagpur, Maharashtra, … Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Gandai, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 204/2024, registered at Police Station – Gandai, District : Khairagarh-Chhuikhadan- Gandai (C.G.) for the offence punishable under Sections - 34(1)(b), 34(2), 35, 59(A), 49(A) of the Chhattisgarh Excise Act and section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2), 238 of the Bhartiya Nyay PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.04 16:18:44 +0530 2 Sanhita 2023 (As per final report). 2. The case of the prosecution, is that on 06.09.2024 the Police of Police Station Gandai, District Khairagarh-Chuikhadan-Gandai at the time of patrolling, received a secret information from the informant that the co-accused persons kept large quantity of illegal liquor at their residence. It was further alleged that they were operating a liquor factory and they were earning money by selling the said illegal liquor. During the further investigation the police has seized one mobile and Rs. 10,000/- on 23.11.2024 from the applicant. Thereafter offence under Sections 34(1) (b), 34(2), 35, 59(A), 49(A) of the Chhattisgarh Excise Act and Section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2), 238 of the Bhartiya Nyay Sanhita 2023 registered against the applicant and other co-accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that as per the property seizure memo one mobile and Rs. 10,000/- cash seized on 23.11.2024. He further submits that the other co-accused bail already granted by this Court passed in MCRC Nos. 7927/2024, 8164/2024, 8185/2024, 8224/2024, 8357/2024, 8373/2024, 8123/2024, 8460/2024 and 8845/2024 respectively. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 23.11.2024(as per arrest memo) and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. It is further submitted that the applicant has one previous criminal antecedents, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 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 co-accused persons, namely, Shamim Khan, Jaikaran Gurupanch and Vinod Soni, Umesh Kumar Verma and Narsingh @ Kejri Verma have already been granted bail by this Court vide order dated 19.12.2024, 27.11.2024, 04.12.2024 and 29.01.2025 passed in MCRC No. 8845/2024, 8224/20247, 8460/2024 and 240/2025 respectively, further the charge-sheet has been filed against the applicant, the applicant is in jail since 23.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Ashish Manik Rao Darote, involved in Crime No. 204/2024, registered at Police Station – Gandai, District : Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections - 34(1)(b), 34(2), 35, 59(A), 49(A) of the Chhattisgarh Excise Act and Section 318(4), 336(2), 336(3), 340(2), 3(5), 111(2), 238 of the Bhartiya Nyay Sanhita 2023 (As per final report), be released on bail on his furnishing a personal bond with two local 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. 4 (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 sufÏcient 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 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 sufÏcient 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. 8. OfÏce 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 Preeti