1 2025:CGHC:1232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 53 of 2025 1. Tevendra Sahu S/o Narendra Sahu Aged About 26 Years R/o Haldi, P.S. Gunderdehi, Present R/o Village Kannewada, P.S. and District Balod (C.G.) 2. Rekhraj Thakur S/o Ramnath Thakur Aged About 20 Years R/o Karhibadar, P.S. Balod, District Balod (C.G.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Ranchirai, District Balod (C.G.) ... Non-Applicant For Applicant : Mr. Sajal Gupta, Advocate holding the brief of Mr. Prasoon Agrawal, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08/01/2025 1. 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. 74/2024 registered at Police Station- Ranchirai, District PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 11:07:35 +0530 2 Balod (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that upon receiving the secret information on 14.10.2024 the Police authorities raided at main road below Tandula Nahar, Village Matiya and the applicant No. 1 was caught with 14.400 bulk liters of country made liquor and applicant No. 2 was caught with 14.220 bulk liters of country made liquor. 3. 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 antecedent. He also submits that the charge-sheet has been filed in the present case and the applicants are in jail since 20.10.2024. 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. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the applicant No. 1 was caught with 14.400 bulk liters of country made liquor and applicant No. 2 was caught with 14.220 bulk liters of country made liquor and the charge-sheet has been filed, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous criminal antecedents, further the charge-sheet has been filed and they are in jail since 20.10.2024. 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. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2- Tevendra Sahu and Rekhraj Thakur, involved in Crime No. 74/2024 registered at Police Station- Ranchirai, District Balod (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two 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. 4 (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 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. 8. 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