1 2025:CGHC:30683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3327 of 2025 1 - Lachchhu Ram Korram S/o Shri Lakhamu Korram Aged About 34 Years R/o Village Chhindbahar Dongripara P.S. Parpa Tahsil Darbha District - Bastar Chhattisgarh 2 - Umesh Kashyap S/o Shri Gunju Kashyap Aged About 22 Years R/o Village Chhindbahar Dongripara P.S. Parpa Tahsil Darbha District- Bastar Chhattisgarh 3 - Kushto Nag S/o Shri Sampat Nag Aged About 30 Years R/o Village Jamawada Kotwar Para P.S. Parpa Tahsil Darbha District - Bastar Chhattisgarh (Detail Of The Applicants Has Not Mentioned In Annexue A -1) ...Applicants versus State Of Chhattisgarh Through Station House Officer Police Station Kodenar District - Bastar (C.G.) ... Non-applicant For Applicants : Mr. Vinod Kumar Tekam, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.04 17:55:34 +0530 2 to the applicants who have been arrested in connection with Crime No. 32/2025 registered at Police Station - Kodenar District Bastar (C.G.), for the offence punishable under Sections 34(2), 36 & 59(a) of the C.G. Excise Act. 2. As per the prosecution's story in brief is that police has received information through informer that on date of incident, the unknown persons were kept illegal liquor in their vehicle bearing registration No. C.G. 17 KV 6808 to sale and police has seized 45 liter foreign liquor from the possession of the vehicle at open place and police has registered for offence punishable under Section 34(2), 36, & 59(a) of the Excise Act against the present applicants. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged foreign liquor were not seized from the possession of the applicants. The applicants have no criminal antecedents and applicants have been in jail since 12.04.2025 and conclusion of the trial is likely to take quite long time. Therefore, they prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 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, the nature and gravity of the allegations levelled against the 3 present applicants, and also the fact that the applicants have no criminal antecedents and have been in jail since 12.04.2025, and that the conclusion of the trial may take some more time, this Court is of the view that the present applicants are entitled to be released on bail in this case 7. Let the applicants – Lachchhu Ram Korram, Umesh Kashyap & Kushto Nag involved in Crime No. 32/2025 registered at Police Station - Kodenar District Bastar (C.G.), for the offence punishable under Sections 34(2), 36 & 59(a) of the C.G. Excise Act, be released on bail on furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 vaibhav