1 2025:CGHC:14590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2419 of 2025 Daulat Sahu S/o Punni Sahu Aged About 33 Years R/o Village Chaurenga, Police Station Simga, District Balodabazar-Bhatapara (C.G.) (Wrongly Written As Police Station Hathband In The Rejection Order) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Hathband, District Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193/2024 registered at Police Station Hathband, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 111 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and 34(2), 59(A) and 36 of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 13.10.2024, as per secret information received from the informant, the Police of Police Station Hathband, District Balodabazar-Bhatapara (C.G.) seized 4788 bulk liters of illicit liquor from the possession of co-accused persons, namely, Laxmi Nath Yadu and Sarju Yadav and they were arrested, during the course of investigation, on the basis of their memorandum statement, present applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 4788 bulk liters of illicit liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has five criminal antecedents under the Excise Act, out of which, in four cases, applicant has already been acquitted and one case is still pending against him, so far as co-accused persons are concerned, four of the identically situated co-accused persons, namely, Sarju Yadu, Lakshminath Yadu, Baratu Yadav and Radheshyam Tandon have already been granted regular bail by this Court vide orders dated 03.01.2025, 17.02.2025 and 10.03.2025 in MCRC Nos.7924/2024, 1321/2025 and 1928/2025, the applicant is in jail since 14.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has five criminal antecedents under the Excise Act. She further submits that 4788 bulk liters of illicit liquor were recovered from the possession of co-accused persons from whose memorandum statement, the involvement of present applicant has come to light, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 the fact that the applicant has five criminal antecedents under the Excise Act, out of which, in four cases, applicant has already been acquitted and besides these cases, applicant has only one case pending against him, so far as co-accused persons are concerned, four of co-accused persons, namely, Sarju Yadu, Lakshminath Yadu, Baratu Yadav and Radheshyam Tandon have already been granted regular bail by this Court vide orders dated 03.01.2025, 17.02.2025 and 10.03.2025 in MCRC Nos.7924/2024, 1321/2025 and 1928/2025 and the case of present applicant is identical to that of the co-accused persons, he is in jail since 14.01.2025 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let the applicant - Daulat Sahu, involved in Crime No. 193/2024 registered at Police Station Hathband, District Balodabazar- Bhatapara (C.G.), for the offence punishable under Section 111 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and 34(2), 59(A) and 36 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. (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 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 5 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil