1 2025:CGHC:16194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2731 of 2025 Mohd. Aftab S/o Late Abdul Jabbar Aged About 20 Years R/o Village Barakgaon, Basantpur, P.S. Karja, District Mujaffpur At Present R/o Gaji Nagar, Birgaon, House Of Firoz Bhai, P.S. Urla District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Khamtarai, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Rakesh Kumar, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 50/2025 registered at Police Station- Khamtarai, District Raipur (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 3. Case of the prosecution, in brief, is that the Police has received information through informant is that on the date of incident, the unknown person was kept illegal liquor in his vehicle to sale and police has seized 16.200 bulk liters country made liquor from place of incident at open place during checking and patrolling and applicant did not produce any document of seized liquor and hence police has registered a case for offence punishable under Section 34(2) and 59(a) of the Excise Act against the applicant and hence this bail application is being preferred before the Hon’ble Court. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents. He further submits that the charge-sheet has been filed and he is in jail since 24.01.2025. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed and the applicant has no previous criminal antecedent. He further submits that total 16.200 bulk liters country made liquor has been seized from the possession of the applicant, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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 previous criminal antecedents, further the 3 charge-sheet has been filed and and the applicant is in jail since 24.01.2025, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant – Mohd. Aftab, involved in Crime No. 50/2025 registered at Police Station- Khamtarai, District Raipur (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, be released on bail on their 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 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 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 4 initiate proceedings against them, 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 are 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti