1 2025:CGHC:17194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1838 of 2025 Shravan Sahu S/o Mohanlal Sahu Aged About 38 Years (Wrongly Mentioned As Shavan Sahu In Annexure A- 1) R/o Village Bilaigarh P.S. and Tehsil Bilaigarh District - Sarangarh - Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Bilaigarh District - Sarangarh - Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Uday Pratap Singh Sahu, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. 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 Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 38/2025 registered at Police Station- Bilaigarh, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 3. Case of the prosecution, in brief, is that the Police has received secret information through informant is that on the date of incident 30.01.2025 the unknown person has kept illegal liquor in his motorcycle to sell and and Police has seized 30 liters country made hand kachchi Mahua liquor from place of incident at open place Near Dharashiv Road Tiraha, infront of Manikachan Bilaigarh, and he did not produce any document of seized liquor and hence police has registered a case against the applicant. On the basis of which the applicant was arrested by the Police for the alleged offence. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent registered in Crime No. 218/2024 of the Excise Act which is disposed of. He further submits that the charge-sheet has been filed and he is in jail since 30.01.2025. 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 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 opposes the bail application and submits that the charge-sheet has been filed. He further submits that the applicant has one previous criminal antecedent, therefore, he is not entitled for grant of bail. 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 and the fact that the applicant has one previous criminal antecedent which is disposed of, 3 further the charge-sheet has been filed and and the applicant is in jail since 30.01.2025, 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. 8. Accordingly, the bail application is allowed. Let the applicant – Shravan Sahu, involved in Crime No. 38/2025 registered at Police Station- Bilaigarh, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on their 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 she 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 her 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 4 initiate proceedings against her, 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 are 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 Preeti