1 2025:CGHC:17452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2842 of 2025 1 - Gyaneshwar Kashyap S/o Arti Lal Aged About 40 Years R/o Village Semra, P.S. Nawagarh, Distt- Janjgir-Champa (Chhattisgarh) ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Nawagarh, Distt- Janjgir-Champa (Chhattisgarh) ... Respondent/State (Cause title taken from CIS system) For Applicant : Ms. Nilu Singh, Advocate For Respondent/State : Mr. Nitansh Jaiswal, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 77/2025 registered at Police Station – Nawagarh, District- Janjgir- Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. Digitally signed by AMIT PATEL 2 3. Case of the prosecution, in brief, is that on 13.02.2025, the Police of Police Station – Nawagarh, District- Janjgir- Champa (C.G.),, received a secret information that the illicit liquor is being transported in the Vehicle No. CG-11-BM-3952 and Vehicle No. CG-11-AD-2780 by the present applicant and other co-accused persons and on the basis of said information, the Police OfÏcer caught the co-accused person namely Shrinath from whom total 28 pieces of plain liquor has been seized and from the possession of the present applicant and from one another co-accused seized 56 pieces of plain liquor i.e., 22.32 bulk liter. Thereafter, the FIR was registered for the offence punishable under Section 34(2) of C.G. Excise Act and the present applicant has been arrested. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 22.32 bulk liters liquor was not seized from the exclusive possession of the applicant. It is further argued by her that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is also argued by the learned counsel for the applicant that the applicant has no criminal antecedents, the applicant is in jail since 13.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedents. He further submits that 22.32 bulk liters of 3 liquor was recovered 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 criminal antecedents and the charge-sheet has been filed in the present case, 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. Let the applicant – Gyaneshwar Kashyap, involved in Crime No. 77/2025 registered at Police of Police Station – Nawagarh, District- Janjgir-Champa (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on his 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 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 4 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10. 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 AMIT PATEL