1 2025:CGHC:16491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2680 of 2025 Parmeshwar Loniya S/o Ramsingh Loniya Aged About 29 Years R/o Village- Ghutku, Police Station Koni, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station - Koni, District- Bilaspur (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 81/2025 registered at Police Station, Koni District- Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. The earlier bail application of the applicant being MCRC No. 2501/2025, vide order dated 28.03.2025 was rejected on the ground of criminal antecedents. Hence this second bail application. 4. Case of the prosecution, in brief, is that on 09.02.2025, as per secret information received from the information, upon such information, the police ofÏcials reached on the spot conducted raid and have seized 30 liters of hand made mahua liquor from the possession of the applicant thereafter, the aforesaid offence has been registered against the applicant. 5. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected on the ground of criminal antecedents and undisclosed criminal antecedents due to non appearance before this Court of bad health condition of the counsel so far as the criminal antecedent of the applicant is concerned, the applicant has three criminal antecedents of similar nature out of which in two cases, the applicant has been acquitted and only one case is pending against him. He further submits that in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 09.02.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 6. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the first bail application of the applicant has already been rejected by this Court on the ground of criminal antecedents and non appearance of the counsel 3 before this Court and the applicant has three criminal antecedents as such, he is a habitual offender, he is not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the earlier bail application of the applicant was rejected on the ground of criminal antecedents and undisclosed criminal antecedents due to non appearance before this Court of bad health condition of the counsel, so far as the criminal antecedent of the applicant is concerned, the applicant has three criminal antecedents of similar nature out of which in two cases, the applicant has been acquitted and only one case is pending against him and in the present case, charge-sheet has been filed before the competent Court and the quantity of hand made mahua liquor seized from the possession of the applicant i.e. 30 liters of liquor and the applicant is in jail since 09.02.2025 and the conclusion of the trial is likely to take some time thus, this Court is of the view that the applicant is entitled to be released on bail. 9. Let the Applicant – Parmeshwar Loniya, involved in Crime No. 81/2025 registered at Police Station, Koni District- Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh 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 4 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 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. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal