1 2025:CGHC:15664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2637 of 2025 Sanju Kumar Jagat S/o Late Vikram Singh Jagat Aged About 30 Years R/o Village Khondra, P.S. Sipat, District Bilaspur, Chhattisgarh. Present R/o Village Dhauramuda, P.S. Ratanpur, Tehsil And District Bilaspur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Ratanpur, District Bilaspur, Chhattisgarh. ...Respondent For Applicant : Mr. Suresh Kumar Verma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.04.2025 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. 103/2025, registered at Police Station : Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.04 10:55:20 +0530 2 34(2) of the C.G. Excise Act. 2. As per prosecution story in brief is that on dated 12.02.2025 the information received by the Mukhbir that one person the present applicant has selling the liquor in a Panchayat election, the liquor was in the yard of the present applicant, the police has seized total 50 litter 400 ML country made liquor plane was seized. 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 antecedents and the applicant has been in jail since 13.02.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the possession of the present applicant 50.000 bulk liters of country made liquor plane 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 submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous 3 antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 13.02.2025 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 applicant, Sanju Kumar Jagat, involved in Crime No. 103/2025, registered at Police Station : Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Section 34(2) 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 sufficient 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 4 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 sufficient 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. 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 vaibhav