1 2025:CGHC:25443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3033 of 2025 • Sanju Dansena S/o Late Shri Santosh Dadsena Aged About 19 Years R/o Village - Rupunga, Thana And Tahsil - Dharamjaygarh, Distt. - Raigarh, Chhattisgarh, ... Applicant versus • The State of Chhattisgarh Through Station House Officer, Police Station Dharamjaygarh, Distt. - Raigarh, Chhattisgarh, ... Respondent For Applicant : Mr. Sunil Sahu, Advocate. For Respondent/State : Ms. Subha Srivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18/06/2025 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.72/2025 registered at Police Station - Dharamjaygarh, District - Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on the basis of the secret information received on 22.03.2025, the Police conducted raid and the present applicant was found to be in possession of 9.00 bulk liter country PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.19 17:19:51 +0530 2 made Mahua liquor kept in plastic bag and he has been arrested on the basis of doubt. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that so far the previous criminal antecedents of the applicant is concerned, which is mentioned in paragraph No. 4 (A) of the bail application, the case mentioned as Crime No. 07/2024 for offence punishable under Sections 294, 506, 323, and 325 of IPC at Police Station - Dharamjaygarh, it is stated that the applicant has been acquitted, but the said averment is not added and the said case is still pending, however, a bailable warrant was issued against him in which he has been granted bail, the copy of the said order is annexed as covering memo in the bail application. He further submits that there are three other case filed against him out of which in two cases he has already been acquitted and one case is still pending. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 22.03.2025. 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 applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. She further submits that there are four criminal antecedents against the applicant and in the present case total 9.00 bulk liters of country made Mahua liquor has been seized from his possession, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and so far as the criminal antecedents of the applicant is concerned, which is mentioned in paragraph No. 4 (A) of the bail application, the case mentioned as Crime No. 07/2024 for offence punishable under Sections 294, 506, 323, and 325 of IPC at Police Station - Dharamjaygarh, it is stated that the applicant has been acquitted, but the said averment is not added and the said case is still pending, however, a bailable warrant was issued against him in which he has been granted bail, the copy of the said order is annexed as covering memo in the bail application, further considering that there are three other cases filed against him out of which in two cases he has already been acquitted and one case is still pending, further the charge-sheet has been filed and he is in jail since 22.03.2025, 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. 7. Accordingly, the bail application is allowed. Let the applicant - Sanju Dansena, involved in Crime No. 72/2025 registered at Police Station - Dharamjaygarh, District - Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh 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 she 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 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 is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office 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