1 2025:CGHC:12341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2019 of 2025 Mahendra Chandrakar S/o Bhagwat Chandrakar Aged About 37 Years R/o Sirsakala, Bhilai, P.S. Old Bhilai District Durg Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Excise Circle Durg Internal North, District Durg Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Ms. Smriti 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 Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.273/2025, registered at Police Station Excise Circle Durg Internal North, District Durg (C.G.) for the offence punishable under Sections 34(2), 36, 59(A) of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The case of the prosecution, in brief, is that, on a secret information on 10.02.2025 that at tomato garden Nagpura-Ganiyari road, there is illegal storage of liquor in farm house in village nagpura and upon due search of servant quarter room, 25 boxes totaling 1250 pieces of Quarter foreign liquor totaling 225 bulk litres of foreign liquor was recovered from the possession of applicant therefore the above offence has been registered against him. Hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has been arrested only on the basis of doubt and he has not been arrested from the place of incident and further there is no eye witness in the case and only on the basis of apprehension, he has been falsely implicated in the case. Also nothing has been recovered from the exclusive possession of the applicant as the same was recovered from the farm house of the co-accused, who is a political person, who has been given notice under Section 90 of the Cr.P.C. and the present applicant being a servant of the said political person, has been implicated in the present case. Lastly, the applicant has no previous criminal antecedents and though the charge-sheet has not been filed till date, as the applicant is languishing in jail since 10.02.2025, hence he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has not been filed yet and the case is under investigation. 3 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, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that nothing has been recovered from the exclusive possession of the applicant as the same was recovered from the farm house of the co-accused, who is a political person, who has been issued notice under Section 90 of the Cr.P.C. and the present applicant being a servant of the said political person, has been implicated in the present case, as such, though the charge-sheet has not been filed, yet, looking to the facts and circumstances of the case and the fact that the applicant is in jail since 10.02.2025, this Court is of the opinion that it is a fit case to enlarge the applicant on bail. 7. Let applicant, Mahendra Chandrakar, involved in Crime No.273/2025, registered at Police Station Excise Circle Durg Internal North, District Durg (C.G.) for the offence punishable under Sections 34(2), 36, 59(A) of the C.G. Excise Act, be released on bail on his 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. 4 (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 them 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 under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil