1 2025:CGHC:12062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1651 of 2025 Madan Ogare S/o Of Vijay Shankar Aged About 36 Years Resident Of Village Gadakushmi, Police Station Palari, District Balodabazar- Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station Palari, District Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Yogesh Kumar Chandra, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2025 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.354/2024, registered at Police Station Palari, District Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 34(2) & 36 of the C.G. Excise Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.12 11:06:28 +0530 2 2. The case of the prosecution, in brief, is that, the police of Police Station Palari, District Balodabazar-Bhatapara (C.G.) has received a secret information from the informant and on the basis of said information, raid was conducted and seized total 42.520 Bulk Liter of licit liquor from the joint possession of present applicant and other co-accused person, thereafter the aforesaid case has been registered and arrested the accused persons. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is languishing in jail since 25.01.2025, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submits that co- accused, namely, Sandeep Banjare has already been granted bail by this Court in MCRC No. 9099 of 2024 vide order dated 23.01.2025 and the case of the present applicant is identical to that of the co-accused. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the applicant has total 07 criminal antecedents registered against him, out of which, 05 are under the Excise Act. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, 3 quantity of liquor seized and the fact that co-accused, namely, Sandeep Banjare has already been granted bail by this Court in MCRC No. 9099 of 2024 vide order dated 23.01.2025, charge- sheet has already been filed and he is in jail since 25.01.2025 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Madan Ogare, involved in Crime No.354/2024, registered at Police Station Palari, District Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 34(2) & 36 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 may proceed against them 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 Bharatiya Nyaya 4 Sanhita 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 Section 209 of 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. 7. 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 Abhishek