1 2025:CGHC:15317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2514 of 2025 Sohit Sidar S/o- Sunderlal Sidar Aged About 54 Years Occupation Labour R/o- Village- Litaipali Post- Navrangpur Teshil And District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S Kotraroad District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2025 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. 109/2025, registered at Police Station : Kotraroad District- Raigarh, (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station : Kotraroad District- Raigarh, (C.G.), received an information RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 from the informant and on the basis of the said information conducted a raid and seized total 70 bulk liters of country made liquor from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(2) 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 no criminal antecedent. He further submits that the applicant and his family may face many problems because he is the only bread earner of the family, and the applicant is in jail since 11.03.2025 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 further submits that from the possession of the present applicant total 70 liters of country made 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. 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 no criminal antecedent and further considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 11.03.2025 and conclusion of the trial is likely to take some time, therefore, I am 3 inclined to grant regular bail to the present applicant. 7. Let the applicant, Sohit Sidar, involved in Crime No. 109/2025, registered at Police Station : Kotraroad District- Raigarh, (C.G.) for the offence punishable under Sections 34(2) 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 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. 4 (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