1 2025:CGHC:18341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2529 of 2025 Dameshwar Diwan S/o Shri Dhanau Diwan Aged About 27 Years R/o Village Ghoghara, Police Station Tendukona, District Mahasamund, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Tendukona, District Mahasamund, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Sudhir Kumar Sahu, Advocate For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 25/2025, registered at Police MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:48:22 +0530 2 Station - Tendukona, District - Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 3. The case of the prosecution, in brief, is that on 28.02.2025, the police of Police Station - Tendukona, District - Mahasamund (C.G.) received an information from the informant that unknown person has kept illegal liquor in his possession and on the basis of the said information conducted a raid and seized 17 liters country made hand kachchi Mahua liquor from the possession of the present applicant, thereafter, Police Officers has registered an offence punishable under Section 34(2) of the C.G. Excise Act. 4. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no previous criminal antecedents. He further submits that the charge-sheet has been submitted and the applicant is in jail since 28.02.2025 and the trial is likely to take some time for its conclusion. He also submit that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by 3 the learned counsel for the applicant and charge-sheet has been filed and she further submits that 17 liters country made hand kachchi Mahua liquor was recovered from the possession of the applicant, therefore, she is not entitled for grant of bail. 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 no criminal antecedents and also considering the fact that the charge- sheet has been filed before the competent Court and he is in jail since 28.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant - Dameshwar Diwan, involved in Crime No. 25/2025, registered at Police Station - Tendukona, District - Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on their 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 4 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. 5 8. Office 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 Manish