1 2025:CGHC:14953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1987 of 2025 Nagesh Aaudheliya S/o Shri Ramkumar Aaudheliya Aged About 26 Years R/o Village Birkona Police Station Koni District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Excise Circle Seepat District - Bilaspur (C.G.) ... Respondent For applicant : Shri Lav Sharma, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/03/2025 1. Charge sheet has been filed which is taken on record. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.173/2025, registered at Police Station Excise Circle, Seepat, District - Bilaspur (Chhattisgarh) for the offence punishable under Sections 34(1)(A), 34(2) (B) & 59(A) of Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 10/02/2025, secret information was received by concern Excise Circle Excise Circle, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.28 15:56:47 +0530 2 Seepat, District - Bilaspur (Chhattisgarh) with the averment that the applicant has kept in their possession some illicit liquor and seized 20 liter bulk litter handmade (Mahua) liquor and 180 kg Mahua Lahan from the possession of applicant and registered crime punishable under section 34(1)(A), 34(2) (B) & 59(A) of Chhattisgarh Excise Act. 4. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents. He further submits that the applicant is in jail since 10/02/2025 and the trial is likely to take some time for its conclusion. He also submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant and charge-sheet has been filed and further submits that 20 liter bulk litter handmade (Mahua) liquor and 180 kg Mahua Lahan was recovered from the possession of the applicant, 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 no previous antecedent and also considering the fact that the charge-sheet has been filed and he is in jail since 10/02/2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 8. Let applicant, Nagesh Aaudheliya, involved in Crime No.173/2025, registered at Police Station Excise Circle, Seepat, District - Bilaspur (Chhattisgarh) for the offence punishable under Sections 34(1)(A), 34(2) (B) & 59(A) of Chhattisgarh Excise Act, be released on bail on his 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 4 statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, if there is no legal impediment. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri