1 2025:CGHC:17469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1910 of 2025 1. Jodhan Satnami S/o Ghasiya Satnami Aged About 40 Years R/o Thelkabeda, Police Station- Khariyar Road, District- Nuapada (Odisha) 2. Ravindra Rodidas S/o Pitamber Aged About 32 Years R/o Village- Bhatgaon, Police Station- Bhaali, District - Bargarh (Odisha) ... Applicants versus State of Chhattisgarh Through- Excise OfÏcer, Excise Circle, Bagbahra, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Ms. Manisha Yadav, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, 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 applicants who have been arrested in connection with Crime No. 125/2025 registered at Police Station- Excise Circle, Bagbahra, District- PREETI KUMARI Digitally signed by PREETI KUMARI 2 Mahasamund (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 22.02.2025 during patrolling, the Excise Sub-Inspector of Excise Circle, Bagbahra received information that two persons are transporting liquor in motorcycle. On the basis of said information, the Excise ofÏcials conducted raid and allegedly recovered 28.600 bulk liters Mahua liquor from the illegal possession of applicants. Accordingly, the offence under Section 34(2) of Excise Act has been registered and the applicants. 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 23.02.2025. 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 applicants. 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 in the State of Odisha and Chhattisgarh. He also submits that from the possession of the applicants 28.600 bulk liters Mahua liquor has been seized, therefore, they are 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 applicants and the fact that 3 the applicants have no previous criminal antecedents in the State of Odisha and Chhattisgarh, further the charge-sheet has been filed and and the applicants are in jail since 23.02.2025, 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 – Jodhan Satnami and Ravindra Rodidas, involved in Crime No. 125/2025 registered at Police Station- Excise Circle, Bagbahra, District- Mahasamund (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 local 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 4 applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall 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. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. 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