1 / 3 2025:CGHC:9177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1517 of 202 5 • Rahul Pardhi S/o Punaram Pardhi Aged About 45 Years R/o Bade Ghatia, P.S. - Nandini, District - Durg (C.G.). ... Applicant versus • State of Chhattisgarh through SHO Police Station - Excise South Durg, Dis- trict - Durg (C.G.). ... Respondent For Applicant : Mr. Aman Tamrakar, Advocate For Respondent-State : Mrs. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice ORDER ON BOARD 21/02/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 258/2025 registered at Police Station – Excise Circle, Durg Internal South, District Durg (C.G.) for offence punishable under Section 34(1), 34(1)(A), 59(A) of Chhattisgarh Excise Act. 2. Case of prosecution in brief is that on 21.01.2025, based on the secret information, applicant was interrogated near village Ghatiya Khurd Road by the police and upon search two jerrycans of blue color and yellow color containing 20 litre and 3 litre of country made liquor totalling 23 litre was seized from his possession. Based on the aforesaid seizure, applicant was arrested. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 3. Learned counsel for applicant submits that applicant is innocent, he has not committed any offence as alleged. Seizure of illicit liquor has been made from open place, and there is no eye witnesses, thus, it cannot be said that the applicant was in exclusive possession of such illicit liquor. It is further argued that in two criminal antecedents as mentioned in the order passed by learned trial court applicant has not been named. He is in jail since 21.01.2025. Offence is triable by Judicial Magistrate First Class, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. However, she does not dispute the submission of learned counsel for applicant that applicant has not been named in the crimes mentioned in the impugned order. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties, period of detention of applicant, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. Let applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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 3 / 3 shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) pwn Chief Justice