1 2025:CGHC:17902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2993 of 2025 1. Shivdas Netam S/o Jagannath Netam Aged About 19 Years Caste - Bhatra, Scheduled Tribes, R/o Village - Choknar, Uparpara, Police Station - Karpawand, District - Bastar Chhattisgarh 2. Amar Nag S/o Ajmabar Nag Aged About 19 Years Caste - Bhatra, Scheduled Tribes, R/o Village - Choknar, Uparpara, Police Station - Karpawand, District - Bastar Chhattisgarh ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Karpawand, District Bastar Chhattisgarh ... Non-Applicant For Applicants : Mr. Punit Ruparel, Advocate. For Non-Applicant/State : Ms. Sudha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.04.2025 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. 13/2025 registered PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 11:03:17 +0530 2 at Police Station- Karpawand, District Bastar (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 02.03.2025 Assistant Sub- Inspector of the Police of Police Station – Karpawand received information from the secret information, upon such information the police went to village Ratakhandi Mailbeda square main road, Police Station – Karpawand whereas in the checking of vehicles, one silver grey colour Pulsar motorcycle was stopped in which two persons are riding having one green and one white bag, after asking their name they stated Shivdas Netam and Amar Nag, after searching the Police is found total 34.200 bulk liters English liquor which is amounting sum of Rs. 11,040/-/- after calling the relevant documents or bills of the vehicle, they are unable to produce any such documents, thereafter, the Police has seized the illicit liquor and registered the crime and they are arrested on the same day i.e. 02.03.2025. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the applicants have no previous criminal antecedents. He further submits that the charge-sheet has been filed and they are in jail since 02.03.2025. 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 applicants. 5. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. She further submits that the applicants have no previous criminal antecedents. 3 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 applicants and the fact that the applicants have no previous criminal antecedents, further the charge-sheet has been filed and and the applicants are in jail since 02.03.2025, further, the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 – Shivdas Netam and Amar Nag, involved in Crime No. 13/2025 registered at Police Station- Karpawand, District Bastar (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. 4 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 applicants 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 applicants 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 them 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