1 2025:CGHC:12840 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2089 of 2025 Sumant Barik S/o Shyamlal Barik Aged About 38 Years R/o Village- Semaliya, Police Station- Balauda, Tahsil- Saraipali, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Balauda, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Ms. Pranoti Das, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 7/2025, registered at Police Station : Balauda, District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Balauda, District- Mahasamund (C.G.), received an KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information from the informant and on the basis of such information, conducted raid and have seized 20 liters of Mahua liquor from the applicant and co-accused. Thereafter, Police has registered an offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant along with co-accused person. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She further submits that the applicant has one criminal antecedent under the Excise Act of the year 2014 and in the present case, charge-sheet has been filed before the competent Court. She further submit that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 21.01.2025 and the trial is likely to take some time for its conclusion, therefore, she prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has one criminal antecedent under the Excise Act of the year 2014, further the quantity of liquor seized from the possession of the present applicant i.e. 20 liters of mahua liquor, therefore, he is not entitled for grant of bail. 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 and 3 the fact that the present applicant has one criminal antecedent under the Excise Act of the year 2014 and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the applicant i.e. 20 liters of Mahua liquor and he is in jail since 21.01.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Sumant Barik, involved in Crime No. 7/2025, registered at Police Station : Balauda, District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him 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 4 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 him, in accordance with law, under Section 209 of the 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal