1 2025:CGHC:17212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1668 of 2025 Kamal Kishor S/o Vijay Prasad Aged About 46 Years R/o Santoshi Nagar, Raipur P.S. Tikrapara, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through District Magistrate, Durg, District Durg (C.G.) ... Respondent For applicant : Shri Aman Tamrakar, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 37/2025 registered at Police Station Patan, District Durg (C.G.) for the offence punishable under Section 61 (2) of BNS and 34(2), 36 of Chhattisgarh Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 11:21:25 +0530 2 3. Case of the prosecution, in brief, is that on 08.02.2025 the concerned police station received secret information that some unknown persons are transporting illegal liquor in vehicle bearing registration number MP 46 H 0513 and when the police reached near village Funda, the above vehicle entered into one farm house and police recovered 4500 bulk litres of illegal liquor. Hence the above offence has been registered. 4. Learned counsel for applicant submits that the applicant is innocent and falsely implicated in the instant case. He would submit that the applicant was not transporting the 4500 bulk litres of illegal liquor and nothing has been seized form his exclusive possession. He would further submit that the present applicant was not even present on spot and on the basis of the other accused person who were caught on spot, they submitted that the present applicant was piloting the main accused persons. He also submits that the applicant has no criminal antecedent, the applicant is in jail since 08/02/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. 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. He further submits that 4500 bulk litres of illegal liquor liquor was recovered from the other accused persons and the applicant was piloting the main accused persons. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, the fact that 4500 bulk litres of illegal liquor was not recovered from the applicant and the applicant was piloting the main accused persons, case of the applicant 3 is distinguishable from the other accused persons from whose possession 4500 bulk litres of illegal liquor was recovered, considering the fact that the applicant has no criminal antecedent, he is in jail since 08/02/2025 and the charge-sheet has been filed, 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. 8. Let the applicant - Kamal Kishor, involved in Crime No. 37/2025 registered at Police Station Patan, District Durg (C.G.) for the offence punishable under Section 61 (2) of BNS and 34(2), 36, of 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 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 4 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. 9. 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 gouri