1 2025:CGHC:9397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1552 of 2025 Nitin Jaiswal Aged About 33 Years R/o Sadar Road, Baloda Bazar, P.S.- Kotwali, District - Baloda Bazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Kota, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Mr. S.S.Baghel, Dy. Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/02/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 98/2025 registered at Police Station – Kota, District - Bilaspur (C.G.), for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the applicant/accused contacted Durga Kesharwani on mobile number 9752075393 from his mobile phone number 9926155201. He then requested Durga Kesharwani for the mobile number of co-accused Dinesh Gupta. After obtaining the PREETI KUMARI Digitally signed by PREETI KUMARI 2 number, the applicant discussed the purchase of liquor with Dinesh Gupta. The applicant then purchased English Goa liquor from Madhya Pradesh using his younger brother Sachin Jaiswal's mobile phone, without his knowledge. An advance payment of Rs. 75,000 was made through Phone Pay to the phone pay number of co-accused Dinesh Gupta. Co-accused Dinesh Gupta informed the applicant that 34 boxes of Goa English liquor would be delivered within two to three days. On 03.03.2025, Dinesh Gupta called the applicant to inform him that he and his associates were transporting the liquor. A total of 162 liters of confiscated liquor was seized from other accused in the case. The applicant's involvement in purchasing 34 boxes of Goa English whisky and making an advance payment of Rs. 75,000 through Phone Pay is evident from his memorandum statement. Consequently, offenses under Sections 34(1)(A), 34(2), and 59(A) of the Chhattisgarh Excise Act have been registered, and the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She further submits that the alleged liquor has not been recovered from the exclusive possession of the applicant. He has been falsely implicated on the basis of the memorandum statement of the co-accused. She later submits that the applicant has one previous criminal antecedents registered as Criminal Case No. 2492/2016 for offence punishable under Sections 294, 506, 323, 342, 34 of Indian Penal Code is disposed of on the compromised against the applicant. She also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 03.02.2025. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the 3 conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the applicant has one previous criminal antecedents. He further submits that the alleged liquor has been seized from the possession of the co-accused, further total Rs. 75,000/- has been recovered from 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 alleged liquor has not been recovered from the exclusive possession of the applicant, the liquor has been seized from the possession of the co-accused, further the applicant has one previous criminal antecedents which is disposed of, the charge-sheet has been filed and he is in jail since 03.02.2025. 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. Accordingly, the bail application is allowed. Let the applicant- Nitin Jaiswal, involved in Crime No. 98/2025 registered at Police Station – Kota, District - Bilaspur (C.G.), for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh 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 4 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 BNS. (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 BNS. (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 Preeti