1 2025:CGHC:6586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 49 of 2025 Anil Giri S/o Shri Omprakash Giri Aged About 34 Years R/o Village- Ghonghari, Nehiya, Varanasi (Uttar Pradesh) Presently Residing At - Near Sahu Atta-Chakki, Karan Nagar, Changorabhata, Distt. Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Excise State Level Flying Squad,chhattisgarh District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 311/2024 registered at Police Station- Excise State Level Flying Squad Chhattisgarh, District- Raipur (C.G.), for the offence punishable under Sections 34(1)(b), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that, on the basis secret information, the police of Police Station Excise State Level Flying Squad Chhattisgarh conducted raid and have seized 21.360 Bulk liters of liquor from the possession of the applicant at Bhatia Hotel, Golbazar District-Raipur. Therefore, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the seizure has been made from a hotel which is not owned by the applicant and no document with respect to ownership of the hotel has been shown by the police authority, from where the seizure has been made. He 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 in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent and he is in jail since 19.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and also endorse the said submission advanced by the the learned counsel for the applicant and further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further, the quantity of liquor seized i.e. 21.360 bulk liters of liquor. As such the present applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has no previous criminal antecedent and in the present case, charge-sheet has been filed before the competent Court, which is taken on record and he is in jail since 19.12.2024 and further the quantity of liquor seized from the possession of the present applicant i.e. 21.360 bulk liters of liquor and the conclusion of the trial will take some more time thus, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Anil Giri, involved in Crime No. 311/2024 registered at Police Station- Excise State Level Flying Squad Chhattisgarh, District- Raipur (C.G.), for the offence punishable under Sections 34(1)(b), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two local 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 4 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal