1 2025:CGHC:10331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1586 of 2025 Dinesh Lahare S/o Ghasiram Lahare Aged About 37 Years R/o Danteshwari Ward No. 20, Jagdalpur, District Kondagaon Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Kondagaon, District Kondagaon Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Ms. Savita Tiwari, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 382/2024 registered at Police Station Kondagaon, District Kondagaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Kondagaon, District Kondagaon (C.G.) seized 468 bulk liter Goa AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 liquor and case of Rs.1,00,000/- from the joint possession of applicant and other 5 co-accused persons, thereafter, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 468 bulk liters Goa liquor was not seized from the exclusive possession of the applicant and other co-accused persons. She further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. She also submits that five of the similarly situated co-accused persons, namely, Baljeet Sethiya, Vedant Chourasiya, Raju Kumar Rote, Vishnudas Manikpuri and Durgesh Kumar @ Yashwant Panika have already been granted regular bail by this Court vide order dated 02.01.2025, 08.01.2025, 22.01.2025, 08.01.2025, 20.12.2024 in MCRC Nos.8930/2024, 109/2025, 606/2025, 107/2025 and 8030/2024, respectively, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2024 under the Excise Act, which is pending, further the applicant is in jail since 07.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three criminal antecedents of the years 2011, 2020 and 2024, out of which, one is under the Excise Act and rest of the two cases are under the IPC. She further submits that 468 bulk liters Goa liquor 3 was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 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 applicant and the fact that the applicant has three criminal antecedents, out of which, two cases are of the years 2011 and 2020, which are old and stale, besides these two cases, the applicant has only one case pending against him, which is of the year 2024 under the Excise Act, so far as co-accused persons are concerned, five of the co- accused persons, namely, Baljeet Sethiya, Vedant Chourasiya, Raju Kumar Rote, Vishnudas Manikpuri and Durgesh Kumar @ Yashwant Panika have already been granted regular bail by this Court vide order dated 02.01.2025, 08.01.2025, 22.01.2025, 08.01.2025, 20.12.2024 in MCRC Nos.8930/2024, 109/2025, 606/2025, 107/2025 and 8030/2024, respectively and the case of present applicant is similar to that of the co-accused persons, further he is in jail since 07.11.2024 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant - Dinesh Lahare, involved inCrime No. 382/2024 registered at Police Station Kondagaon, District Kondagaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing a personal bond with 4 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, 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil