1 2025:CGHC:14611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2358 of 2025 Punitlal Patel S/o Sukhram Patel Aged About 29 Years R/o Village Kisda, Chouki Beladula Police Station Sarsiva, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through- The Excise Circle Sarsiva District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Vikram Pratap, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.03.2025 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. 75/2024, registered at Police Station : The Excise Circle Sarsiva District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 34(1)(a)(b), 34(2), 36 and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station : The Excise Circle Sarsiva District- Sarangarh-Bilaigarh RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 34 bulk liters of illicit liquor from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(1) (a)(b), 34(2), 36 and 59(A) of the C.G. Excise Act against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that the present applicant has 03 criminal antecedent under the Excise Act, out of which, he has been acquitted in two cases and one case is pending. He further submits that the liquor has not been seized from the physical possession of the present applicant, which was seized from the open place, and the applicant is in jail since 10.01.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He submits that the present applicant has 03 criminal antecedents under the Excise Act and 01 case is istigasha, which shows that the applicant is habitual offender. He further submits that from the possession of the present applicant 34 bulk liters of illicit liquor was seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 applicant and the fact that the present applicant has 03 criminal antecedent under the Excise Act, out of which, he has been acquitted in two cases and one case is pending and one case is istigasha, and further considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 10.01.2025 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 the applicant, Punitlal Patel, involved in Crime No. 75/2024, registered at Police Station : The Excise Circle Sarsiva District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 34(1)(a)(b), 34(2), 36 and 59(A) 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 4 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 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 Rahul Dewangan