Order on Board

21.02.2025

1. The applicant has preferred this First Bail Application under Section

483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.149/2025, registered at Police Station Assistant District Excise Officer, Division Flying Scot Division Sarguja, District Sarguja (C.G.) (As Per Charge Sheet) for the offences punishable under Sections 34(2), 34(1)(A), 36, 59(A), 38(A), 39(B)(C ) of the C.G.

Excise Act.

2. The case of the prosecution, in brief, is that, on 03-01-2025, the secrete information received by the Excise OfÏcer and on the basis of such information, a raid was conducted in the Foreign Liquor Shop situated at Pratappur, in which it was found that the applicant and other co-accused persons are mixing the foreign liquor by using the water and the sticker and hologram of empty bottle was seized and it was found that total 52.75 liter of different-different brands which was mixed with the water was seized and subsequently the accused persons have been arrested for the commission of alleged offences.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Sanjay Kumar, Anshu Soni and Raja Prakash Pandwar have already been granted bail by this Court in MCRC No.1382 of 2025 vide order dated 18.02.2025, copy of which is annexed in this bail application and the case of the present applicant is identical to that of the co-accused person. So far as criminal antecedents of the applicant are concerned, applicant has not previous criminal antecedents registered against him. He is languishing in jail since 03.01.2025, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity.

4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that co-accused person have already been granted by this Court and the case of the present applicant is identical to that of the co-accused. Further, the applicant has no previous criminal antecedents registered against him.

5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Sanjay Kumar, Anshu Soni and Raja Prakash Pandwar have already been granted bail by this Court in MCRC No.1382 of 2025 vide order dated 18.02.2025 and the case of the present applicant is identical to that of the co- accused person, the applicant has no previous criminal antecedents registered against him, charge-sheet has already been filed and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity.

6. Let applicant, Upendra Chandravanshi, involved in Crime No.149/2025, registered at Police Station Assistant District Excise Officer, Division Flying Scot Division Sarguja, District Sarguja (C.G.) (As Per Charge Sheet) for the offences punishable under Sections 34(2), 34(1)(A), 36, 59(A), 38(A), 39(B)(C) of the C.G. 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