1 2025:CGHC:22295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3290 of 2025 Harinarayan Khunte S/o Malikram Khunte Aged About 38 Years R/o Village Karmada, Police Station Kotwali Balodabazar, District Balodabazar- Bhatapara Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, District Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicant : Ms. Ritika Verma, Advocate. For Non-applicant/State : Mr. Pramod Shrivastava, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.05.2025 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 applicant who has been arrested in connection with Crime No. 357/2025 registered at Police Station City Kotwali, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution's story, in brief, it is that the police of Police Station City Kotwali, District Balodabazar-Bhatapara (C.G.) received a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.22 15:51:00 +0530 2 secret information from an informant and on the basis of the said information, conducted a raid and seized 14.400 bulk liters of illicit deshi liquor Masala from the possession of the present applicant. Consequently, the police registered a case for the offence punishable under Section 34(2) of the Excise Act against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said liquor were not seized from the exclusive possession of the applicant. She further submits that though the present applicant has six criminal antecedents, out of which three cases are under the Excise Act, in which the applicant has already been acquitted, and copies of the acquittal orders have also been annexed with the present bail application. She further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 12.04.2025 and 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 counsel for the State opposed the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present applicant has 06 criminal antecedents out of which 03 cases are under the Excise Act, shows that the applicant is a habitual offender, therefore, as such, the present applicant is not entitled for grant of regular 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 the further the fact that though the present applicant has six criminal antecedents, out of which three cases are under the Excise Act, in which the applicant has already been acquitted, copies of the acquittal orders have also been annexed with the present bail application, moreover, the fact that the charge-sheet has been filed before the competent Court, the applicant has been in jail since 23.01.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Harinarayan Khunte, involved in Crime No. 357/2025 registered at Police Station City Kotwali, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on her 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 sufficient cause, the trial court may proceed against him under 4 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 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 Abhishek