1 2025:CGHC:9392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1537 of 2025 Kamlesh Nayak @ Shanu S/o Late Shri Bhajan Singh Nayak Aged About 30 Years R/o D.N.K. Colony, Kanera Road, Kondagaon, Police Station - Kondagaon, District Kondagaon, Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through Police Station - Kotwali, District Bastar, Chhattisgarh. ... Non-applicant For Applicant : Mr. D.K. Gwalre, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2025 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. 430/2024 registered at Police Station Kotwali, District Bastar (C.G.), for the offence punishable under Sections 34(2), 36 and Section 59-A of the Chattigarh Excise Act. 2. According to the prosecution's story, on 16.09.2024, the police ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.25 11:17:36 +0530 2 apprehended an accused, Ramsingh Baghel, and after recording his disclosure statement, seized Indian Made Foreign Liquor (Goa brand Whiskey) from a shop. It is alleged that Ramsingh Baghel named the present applicant in his disclosure statement. Consequently, on 22.12.2024, the present applicant was apprehended, and 108 liters of Indian Made Foreign Liquor (Goa brand Whiskey) were allegedly seized from a forest area. 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 22.12.2024. He further submits that the other co - accused, namely, Dinesh Lahare has already been granted regular bail by this Court in MCRC No. 1409 of 2025 vide order dated 19.02.2025, 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 3 before the competent Court and he has been in jail since 22.12.2024. Also considering the fact that the co - accused, namely, Dinesh Lahare has already been granted regular bail by this Court in MCRC No. 1409 of 2025 vide order dated 19.02.2025, 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 – Kamlesh Nayak @ Shanu, involved in Crime No. 430/2024 registered at Police Station Kotwali, District Bastar (C.G.), for the offence punishable under Sections 34(2), 36 and Section 59-A of the Chattigarh Excise 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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 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