1 2025:CGHC:8159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1321 of 2025 Baratu Yadav S/o Bhakala Yadav Aged About 53 Years R/o Village - Kesda, P.S. - Hathband, Tahsil - Simga, District - Balodabazar-Bhatapara Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Hathband, Tahsil - Simga, District Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Ayush Verma, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193/2024 registered at Police Station Hathband, Tehsil Simga, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Section 111 of the Bhartiya Nyaya Sanhita, 2023 and Sections 34(2), 59(A) and 36 of the Chhattisgarh C.G. Act. 2. According to the prosecution's story, on 13.10.2024, the police of Police Station Hatband received a secret information from an ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.18 11:51:00 +0530 2 informant and on the basis of the said information conducted a raid and seized 4536 bulk liters of Goa foreign liquor and 252 bulk liters of Masala liquor total 4788 bulk liters liquor from the possession of the present applicant, thereafter the aforesaid offences were registered against the applicant. 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 punishment is one year and maximum punishment is three years and the present applicant has been in jail since 14.10.2024. He further submits that the present applicant has 18 criminal antecedents, 16 cases are of preventive nature and 02 cases are under the Excise Act, in 01 case he has already been acquitted and another case is pending. He also submits that other co - accused, namely, Sarju Yadu and Lakshminath Yadu have already been granted regular bail by this Court in MCRC No. 7924 of 2024 vide order dated 03.01.2025, 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 3 competent Court and he has been in jail since 14.10.2024, and further the present applicant has 18 criminal antecedents, 16 cases are of preventive nature and 02 cases are under the Excise Act, in 01 case he has already been acquitted and another case is pending. Also considering the fact that the co - accused, namely, Sarju Yadu and Lakshminath Yadu have already been granted regular bail by this Court in MCRC No. 7924 of 2024 vide order dated 03.01.2025, 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 – Baratu Yadav, involved in Crime No. 193/2024 registered at Police Station Hathband, Tehsil Simga, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Section 111 of the Bhartiya Nyaya Sanhita, 2023 and Sections 34(2), 59(A) and 36 of the Chhattisgarh C.G. Act, be released on bail on his furnishing a personal bond with two 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. 4 (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 Abhishek