1 2025:CGHC:17196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1827 of 2025 1. Bhushan Sinha S/o Nirmal Sinha Aged About 24 Years R/o Village- Kendri, Police Station- Abhanpur, District- Raipur (C.G.) (Wrongly Mentioned As District- Gariyaband) 2. Prahlad Kumar S/o Ramesh Kumar Chaturvedi Aged About 37 Years R/o Village- Kendri, Police Station- Abhanpur, District- Raipur (C.G.) (Wrongly Mentioned As District- Gariyaband) ... Applicants versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Fingeshwar, District- Gariyaband (C.G.) ... Non-Applicant For Applicants : Mr. Krishna Kumar Dewangan, Advocate. For Non-Applicant/State : Ms. Monika Thakur, 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 applicants who have been arrested in connection with Crime No. 46/2025 registered PREETI KUMARI Digitally signed by PREETI KUMARI 2 at Police Station- Fingeshwar, District- Gariyaband (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 15.02.2025 during town patrolling, the Police of Police Station – Fingeshwar received information through informant that the applicants are transporting liquor in motorcycle. On the basis of said information, the Police personnel conducted raid and alleged recovered 11.700 bulk liters country made liquor from the possession of applicants from motorcycle bearing registration No. CG-10-EZ-0544. Accordingly, the offence under Section 34(2) of Chhattisgarh Excise Act has been registered and the applicants have been arrested. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the applicants have no previous criminal antecedents. He further submits that the charge-sheet has been filed and they are in jail since 16.02.2025. 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 applicants have no previous criminal antecedents. 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 applicants have no previous criminal antecedents, further the 3 charge-sheet has been filed and the applicants are in jail since 16.02.2025, 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. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 – Bhushan Sinha and Prahlad Kumar respectively, involved in Crime No. 46/2025 registered at Police Station- Fingeshwar, District- Gariyaband (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 each 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 their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (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 fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall 4 initiate proceedings against them, in accordance with law, under Section 209 of BNS. (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 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 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 Preeti