1 2025:CGHC:1466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 106 of 2025 Digeshwar Chakradhari S/o Pardeshi Aged About 37 Years Village- Churkidadar, Police Station- Chhura, District - Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Chhura, District- Gariyaband (C.G.) ... Non-applicant For Applicant : Ms. Rekha Shrivastava, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 187/2024 (as per charge-sheet) registered at Police Station- Excise Chhura, District- Gariyaband (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that, on 06.10.2024, as per secret information received from the informant that the applicant has kept illegal illicit liquor, upon such basis, the concerned police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 conducted raid and have seized more than 05 liters i.e. 12 liters of liquor from the possession of the applicant. Thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and no recovery has been made from his exclusive possession. She 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 in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and he is in jail since 06.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that the applicant has no previous criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further, the quantity of liquor seized i.e. 12 liters of liquor. As such the present applicant 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 that the applicant has no previous criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 06.10.2024 and further the quantity of liquor seized from the possession of the applicant i.e.12 liters of 3 liquor and the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the applicant – Digeshwar Chakradhari, involved in Crime No. 187/2024 (as per charge-sheet) registered at Police Station- Excise Chhura, District- Gariyaband (C.G.), for the offence punishable under Section 34(2) 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 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 4 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. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal