1 2025:CGHC:19641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3330 of 2025 Kishan S/o Ram Khelawan Aged About 22 Years R/o Vill. Ratanpur Jharnapara P.S. Khadgawan Distt. MCB (C.G.) (Wrongly Mentioned District - Koriya In Cause Title) ...Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Khadgawan District - M.C.B. (C.G.) (Wongly Mentioned District - Koriya In Case Title ) ... Respondent For Applicant : Ms. Deblina Maity, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.01 17:53:25 +0530 2 No.59/2025 registered at Police Station Khadgawan, Distt- M.C.B. (C.G.) for the offence punishable under Section 34 (2) of Excise Act. 2. Case of the prosecution, in brief, is that on 19.03.2025 the concerned police ofÏcials were on patrolling at that time the police got an secret information that the present applicant is having illicit liquor with him in his house for selling purpose, on the basis of such information the police of concerned police station committed raid on the spot and seized 72 bulk litter of Goa Whisky liquor from the possession of present applicant. Thereafter the concerned police ofÏcials arrested the present applicant in connection with crime no.59/2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 72 bulk litter of Goa Whisky liquor was not seized from the exclusive possession of the applicant. 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. She submits that charge sheet has been filed in this case, the applicant is in jail since 19/03/2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has one criminal antecedent of the year 2024 under the Excise Act. She further submits that 72 bulk litter of Goa Whisky 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. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, applicant has one criminal antecedent of the year 2024 under the Excise Act, he is in jail since 19/03/2025 and the charge-sheet has been filed, 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 - Kishan, involved in Crime No.59/2025 registered at Police Station Khadgawan, Distt- M.C.B. (C.G.) for the offence punishable under Section 34 (2) of 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 shall initiate 4 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 gouri