1 2025:CGHC:17477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1887 of 2025 Birsingh Banjare S/o Dhaniram Banjare Aged About 34 Years R/o Ward No. 04, Risda, P.S. And Tahsil Balodabazar, District Balodabazar Bhatapara Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station City Kotwali, Balodabazar, District Balodabazar Bhatapara Chhattisgarh. ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.04.2025 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. 146/2025 registered at Police Station- City Kotwali, Balodabazar, District - Balodabazar Bhatapara (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 on the date of incident, police has received information by informant that unknown person have kept illegal liquor to sale and police has seized 30 bulk liter country made Kachchi Mahua liquor from place of incident at open place and police has registered a case for punishable under Section 34(2) of the Excise Act against applicant and hence, this bail application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She further submits that the applicant has no previous criminal antecedents. She further submits that the charge-sheet has been filed and he is in jail since 13.02.2025. 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 applicant has 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 applicant and the fact that the applicant has no previous criminal antecedents, further the charge-sheet has been filed and and the applicant is in jail since 13.02.2025, 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. 3 8. Accordingly, the bail application is allowed. Let the applicant – Birsingh Banjare, involved in Crime No. 146/2025 registered at Police Station- City Kotwali, Balodabazar, District - Balodabazar Bhatapara (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 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 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 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 4 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