1 2025:CGHC:16695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2812 of 2025 Dilip Gritlahre S/o Krishn Kumar Gritlahre Aged About 28 Years R/o Village Madhar, Police Station Simga, District Balodabazar (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Hathband, District – Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Ms. Lata Nayak, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he 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 34(2), 59(A), 36 of C.G. Excise Act, and Section 111 of the Bharatiya Nyaya Sanhita (BNS). 3. The case of the prosecution, is that the Police of Police Station – RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Hathband, District – Balodabazar-Bhatapara (C.G.) has received a secret information through the informant and on the basis of such information the Police has seized a total of 4788 liters of liquor from the possession of the co-accused persons and the name of the applicant has come into light from the memorandum statement of the co-accused person. Thereafter, the applicant has been arrested by the Police and the offence was registered. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 3 criminal antecedents registered against the present applicant, out of which 2 cases have been ended in acquittal. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the co-accused persons have been granted bail by this Court vide order dated 03.01.2025 and 17.02.2025 passed in MCRC Nos. 7924/2024 and 1321/2025, and another co-accused person, namely, Sanjay Gritlahre whose anticipatory bail application was rejected by this Court vide order dated 25.11.2024 passed in MCRCA No. 1347/2024, he has been granted bail by the Hon’ble Supreme Court in S.L.A. (Crl) No. 3155/2025 vide order dated 06.03.2025. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 01.02.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there are 3 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a total of 4788 liters of liquor from the 3 possession of the co-accused persons and the name of the applicant has come into light from the memorandum statement of the co-accused person, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 3 criminal antecedents registered against the present applicant, out of which 2 cases have been ended in acquittal, further the fact that the co-accused persons have been granted bail by this Court vide order dated 03.01.2025 and 17.02.2025 passed in MCRC Nos. 7924/2024 and 1321/2025, and another co-accused person, namely, Sanjay Gritlahre whose anticipatory bail application was rejected by this Court vide order dated 25.11.2024 passed in MCRCA No. 1347/2024, he has been granted bail by the Hon’ble Supreme Court in S.L.A. (Crl) No. 3155/2025 vide order dated 06.03.2025, further the name of the applicant has come into light from the memorandum statement of the co-accused person, charge-sheet has been filed against the applicant and he is in jail since 01.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. 8. Let applicant, Dilip Gritlahre, involved in Crime No. 193/2024, registered at Police Station – Hathband, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2), 59(A), 36 of C.G. Excise Act, and Section 111 of the BNS, 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 4 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 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. 9. 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 Rajshekhar