1 2025:CGHC:6328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 993 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 - Nagapur (Maharashtra) (Proper Aged And Address As Per Adhar Card) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Chuikhadan District - Khairagarh Chuikhadan - Gandai (C.G.) ... Non-applicant For Applicant : Mr. Deepak Diwakar, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh – Chuikhadan - Gandai (C.G.), for the offence punishable under Sections 34(1)(b), 35, 59(A), of the Chattigarh Excise Act, and Sections 318(4), 336(2), 336(3), 340(2), 3(5), 2 111(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, on 06.09.2024, the Station House OfÏcer at Police Station Chuikhadan received information that co-accused Jeevan Tandan was selling illegal liquor near a banyan tree in Village Vicharpur. Following a raid, 3.060 bulk liters of country-made liquor were seized. Upon inspection, the police found that the seized liquor lacked labels and holograms. Consequently, an offense under Section 34(1)(b) of the Excise Act was registered against Jeevan Tandan. During further investigation on 07.09.2024, the seized liquor was tested by the Excise Circle in Chuikhadan, revealing it to be counterfeit. Jeevan Tandan was interrogated again and disclosed that he had purchased the seized liquor from co-accused Vinod Soni. Further inquiry revealed that Vinod Soni and other accused individuals were already in jail in connection with Crime No. 204/2024 at P.S. Gandai. Subsequently, the applicant and other accused individuals were named as accused in the present crime. It is further alleged that all accused individuals are involved in manufacturing and selling counterfeit liquor. Police Station Gandai had previously seized articles used for manufacturing counterfeit liquor. A charge sheet was filed under Sections 34(1)(b), 35, and 59(A) of the Chhattisgarh Excise Act, as well as Sections 318(4), 336(2), 336(3), 340(2), 3(5), and 111(2) of the Bharatiya Nyaya Sanhita 2023. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that under Section 34(2) of the C.G. Excise Act, minimum 3 punishment is one year and maximum punishment is three years and the present applicant has been in jail since 23.11.2024. He further submits that the other co - accused, namely, Samim Khan and Narsiingh @ Kejriwal Verma have already been granted regular bail by this Court in MCRC No. 593 of 2025 and MCRC No. 296 of 2025 vide orders dated 21.01.2025 and 29.01.2025 respectively, therefore, the present applicant is also entitled to be grant of regular bail on the ground of parity. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 present applicant and the fact that the charge-sheet has already been filed before the competent Court and he has been in jail since 23.11.2024. Also considering the fact that the co - accused, namely, Samim Khan and Narsiingh @ Kejriwal Verma have already been granted regular bail by this Court in MCRC No. 593 of 2025 and MCRC No. 296 of 2025 vide orders dated 21.01.2025 and 29.01.2025 respectively, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant – Ashish Manik Rao Darote, involved in Crime 4 No. 267/2024 registered at Police Station Chuikhadan, District Khairagarh – Chuikhadan - Gandai (C.G.), for the offence punishable under Sections 34(1)(b), 35, 59(A), of the Chattigarh Excise Act, and Sections 318(4), 336(2), 336(3), 340(2), 3(5), 111(2) of the Bhartiya Nyaya Sanhita, 2023, 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. (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 5 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 Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.05 12:24:17 +0530