1 2025:CGHC:13369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1654 of 2025 Hemant Banjare S/o Sanat Banjare Aged About 37 Years R/o Binauri, P.S. Palari, District Balodabazar Bhatapara Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, P.S. Palari, District Balodabazar Bhatapara Chhattisgarh. (Name Of Police Station Not Mentioned In The Cause Title Of The Order Sheet) ...Non-applicant For Applicant : Mr. Nitesh Sahu, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 34/2025, registered at Police Station Palari District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief is that on 23/01/2025 on the 2 basis of information received from the informant the staff of P.S. Palari reached balsamund mandir road and confiscated 6.300 bulk litre of country made masala liquor. The police issued notice u/s 94 of B.N.S.S. to the accused to no documents was submitted by the accused with respect to confiscated liquor. On the basis of which the applicant was arrested by the police of Police Station Palari, Dist- Balodabazar-bhatapara (C.G.), for the alleged offence punishable under Section(s) 34(2) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant is falsely implicated in this case. He also submits that the present applicant has 13 criminal antecedents out of which 10 cases are under the Excise Act and 03 cases are under the IPC and all the cases have been disposed of. He further submits that applicant is in jail since 23.01.2025, the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that from the possession of the present applicant 6.300 bulk litre of country-made masala liquor were seized, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case- diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and also considering the fact that the charge-sheet has been filed and the applicant is in jail since 08.02.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Hemant Banjare, involved in Crime No. 34/2025, registered at Police Station Palari District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local 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. 4 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.21 17:23:50 +0530