1 2025:CGHC:19388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2736 of 2025 Jeena Bhatra S/o Daya Bhatra Aged About 28 Years R/o Manjhidhanwa Bhatra Para, P.S. Kosagumda, Distt.- Nawarangpur, Odissa. (Name of Father of Accused, Aged of Accused and Residential Address of Accused is Not Mentioned in The Order Sheet) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Bakawand, District- Bastar, (C.G.) ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.04.2025 1. 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. 06/2025 registered at Police Station- Bakawand, District- Bastar (C.G.), for the offence punishable under Sections 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita, 2023 and 34(2), 36, 41 of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.30 11:15:22 +0530 2 2. Case of the prosecution, in brief, is that on 27/01/2025, on the basis of information received from the informant the staff of P.S. Bakawand apprehended the accused who was going through kaudawand road towards sonarpal and confiscated 40 bulk litre of foreign made liquor [total 40 bottles kingfisher beer]. The police issued notice under Section 94 of B.N.S.S. to the accused to no documents was submitted by the accused with respect to confiscated liquor, during the investigation the police found forged documents pertaining to motorcycle used in the alleged incident. On the basis of which the applicant was arrested by the police of Police Station Bakawand, Dist- Bastar (C.G.), for the alleged offence punishable under Section(s) 338, 336(3), 340(2) of B.N.S., 2023 and 34(2), 36, 41 C.G. Excise Act, 1915. 3. 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 27.01.2025. 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. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. He further submits that the applicant has no previous criminal antecedents in the State of Odissa and Chhattisgarh. He further submits that from the possession of the applicant 40 bulk liters of foreign made liquor has been seized, therefore, he 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents in the State of Odissa and Chhattisgarh, further the charge-sheet has been filed and and the applicant is in jail since 27.01.2025, 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. 7. Accordingly, the bail application is allowed. Let the applicant – Jeena Bhatra, involved in Crime No. 06/2025 registered at Police Station- Bakawand, District- Bastar (C.G.), for the offence punishable under Sections 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita, 2023 and 34(2), 36, 41 of the Chhattisgarh Excise Act, be released on bail on their 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. 4 (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 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. 8. 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