1 2025:CGHC:12340 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2028 of 2025 Akash Jadhav S/o Prakash Jadhav Aged About 20 Years R/o Indira Market, Gobera Nawapara, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Gobra Nawapara District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Agnihotri, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 470/2024, registered at Police Station : Gobra, Nawapara District- Raipur (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Gobra, Nawapara, District- Raipur (C.G.), received an information from the informant during patrolling that a person was KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 waiting for a vehicle to carry illegal liquor in a sack. On the above information, 100 quarters of Desi liquor Masala Sholay liquor, each quarter filled with 180 ml liquor, total 18.00 bulk liters, worth Rs. 11,000/- were seized from the sack bag of applicant. Thereafter, Police has registered an offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 28.10.2024 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. total 18.00 bulk liters of liquor from the possession of the present applicant , therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that the present applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the applicant i.e. 18.00 bulk liters of liquor and he is in jail since 28.10.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Akash Jadhav, involved in Crime No. 470/2024, registered at Police Station : Gobra, Nawapara District- Raipur (C.G.) for the offence punishable under Section 34(2) and 59(A) of the C.G. Excise Act, be released on bail on furnishing 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 4 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 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal