1 2025:CGHC:18855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3173 of 2025 1. Santoshi Chauhan Wd/o Savan Chauhan, Aged About 37 Years; 2. Meera Saini W/o Ajayab Singh, Aged About 42 Years, Both are R/o Bilaspur, Police Station Bhupdevpur, Tahsil Kharsia, District Raigarh, Chhattisgarh. ... Applicants versus  State of Chhattisgarh, through Police Station Bhupdevpur, District Raigarh, Chhattisgarh. ... Respondent For Applicant :- Mr. Anumeh Shrivastava, Advocate. For State/Respondent :- Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 30/2025 registered at Police Station Bhupdevpur, District – Raigarh (C.G.), for the offences punishable under Sections 34(2), 59(क) of the Chhattisgarh Excise Act. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.04.25 18:38:29 +0530 2 2. The case of the prosecution, in short, is that during blockade on 05.03.2025, in Kharsia, Raigarh main road, when the applicants were going on scooty, they were found in illegal possession of liquor quantified to 6.300 ltrs., which was seized by the police officials thereafter, the crime has been registered against the present applicants and they were arrested on 06.03.2025. 3. Learned counsel for the applicant submits that the present applicants are innocent person and has been falsely implicated in the aforesaid case. He also submits that applicant No.1 has four criminal antecedents out of which in three cases she has been acquitted and only on case is pending consideration. Similarly, applicant No.2 has three criminal antecedents out of which in two cases she has been acquitted and only case is pending against her. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He further submits that the applicant are in jail since 06.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the 3 charge–sheet has already been submitted before the competent Court and there is one criminal case is pending consideration against each of the applicants. She further submits that from the possession of the present applicants 6.300 bulk liters of illegal liquor has been seized, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also the fact that there is four criminal antecedents against applicant No.1 out of which in two case she has been acuqitted; one has been disposed off and only one case is pending consideration under the Excise Act, similarly applicant No.2 has three criminal antecedents out of which in two cases she has been acquitted and only one case is pending consideration under the Excise Act. Moreover, the fact that the charge-sheet has already been filed before the competent Court in the present case and the applicants are languishing in jail since 06.03.2025, and conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 4 7. Let the Applicants – Santoshi Chauhan & Meera Saini, involved in Crime No. 30/2025 registered at Police Station Bhupdevpur, District – Raigarh (C.G.), for the offences punishable under Sections 34(2), 59(क) of the Chhattisgarh Excise Act, be released on bail by furnishing personal bonds 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 sufficient 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 5 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 sufficient 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. Office 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 Ankit