1 2025:CGHC:17206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1738 of 2025 1 - Sushil Dhruw S/o Sheetu Dhruw Aged About 29 Years Resident Of Nawadih Patharra, P.S.- Rajim, District- Gariyaband (C.G.) 2 - Suraj Yadav S/o Santosh Yadav Aged About 29 Years Resident Of Fingeshwar Road, Rajim, Police Station- Rajim, District- Gariyaband (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station- Rajim, District- Gariyaband (C.G.) ... Respondents For applicants : Shri Krishna Kumar Dewangan, Advocate. For Respondent/State : Smt. Subha Shrivastava, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 11:13:44 +0530 2 bail to the applicants who have been arrested in connection with Crime No.56/2025 registered at Police Station Rajim, District-Gariyaband (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 07.02.2025, the Police of Police Station, Rajim has received information through informant to the effect that two persons are transporting liquor by vehicle Scooty. On the basis of said information, the police personnel conducted raid and alleged recovered 10.800 bulk liters country made liquor from the possession of applicants. Accordingly the offence U/s 34(2) of Chhattisgarh Excise Act has been registered and the accused persons have been arrested. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and 10.800 bulk liters country made liquor was not seized from the exclusive possession of the applicants. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that applicant no. 1 has no previous criminal antecedent and the applicant no. 2 has two previous criminal antecedents in respect of offence U/s 36(f) of Chhattisgarh Excise Act, which have been disposed of, the applicants are in jail since 07/02/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. Learned counsel for the State/non-applicant would oppose the bail application. She submits that 10.800 bulk liters country made liquor was recovered from the possession of the applicants. She further submits that 3 applicant no. 1 has no previous criminal antecedent and the applicant no. 2 has two previous criminal antecedents under the Excise Act. 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 applicants and the fact that the applicant no. 1 has no previous criminal antecedent and the applicant no. 2 has two previous criminal antecedents in respect of offence U/s 36(f) of Chhattisgarh Excise Act, which have been disposed of, applicants are in jail since 07/02/2025 and further the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the applicant No.1 Sushil Dhruw and applicant No.2 Suraj Yadav involved in Crime No.56/2025 registered at Police Station Rajim, District- Gariyaband (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, 4 the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them 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