1 2025:CGHC:6885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 362 of 2025 Ramkumar Ram S/o Amresh Kumar Ram Aged About 22 Years R/o Gangapurkhurd, Police Station- Gandhinagar, Ambikapur, District- Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Divisional Flying Squad, Sarguja Division, Excise Department Ambikapur, District- Sarguja (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Anmol Sharma, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2025 1. 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. 135/2024 registered at Police Station Divisional Flying Squad, Sarguja Division, Excise Department AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 34(1)(b), 34(2) and 59(a) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 18.12.2024, the applicant found in possession of 29.79 bulk liters of liquor from the possession of applicant, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 29.79 bulk liters liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has no criminal antecedent, the applicant is in jail since 18.12.2024 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 would oppose the bail application and submit that the charge-sheet has not been filed in the present case and the applicant has no criminal antecedent. He further submits that 29.79 bulk liters of liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and 3 the fact that the applicant has no criminal antecedent, he is in jail since 18.12.2024 and charge-sheet has been filed, which is taken on record, 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. Let the applicant - Ramkumar Ram, involved in Crime No. 135/2024 registered at Police Station Divisional Flying Squad, Sarguja Division, Excise Department Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 34(1)(b), 34(2) and 59(a) 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 BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial 4 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. 8. 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 Akhil