1 2025:CGHC:1465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 100 of 2025 Akhilesh Dahariya S/o Sudan Aged About 33 Years R/o Village Kari P.S. Lawan, District - Balodabazar - Bhatapara Chhattisgarh (Name Of District Not Mentioned Correctly In The Order Sheet) ... Applicant versus State Of Chhattisgarh Through Excise Circle Balodabzar, District Balodabazar - Bhatapara, Chhattisgarh (Name Of Excise Circle Not Mentioned Correctly In The Order Sheet) ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Ms. Smriti 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. 88/2024 registered at Police Station- Excise Circle Balodabazar, District- Balodabazar-Bhatapara (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 29.11.2024, during KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 patrolling, as per secret information received from the informant that the applicant has kept illegal illicit liquor, upon such basis, the concerned police conducted raid and have seized 40.00 bulk liters of country made Mahua 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. He 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 29.11.2024 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. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and also endorse the said submission advanced by the the learned counsel for the applicant and further 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. 40.00 bulk liters of country made Mahua 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. 3 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 23.10.2024 and further the quantity of liquor seized from the possession of the applicant i.e. 40.00 bulk liters of country made Mahua 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 – Akhilesh Dahariya, involved in Crime No. 88/2024 registered at Police Station- Excise Circle Balodabazar, District- Balodabazar-Bhatapara (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. 4 (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 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