1 2025:CGHC:21690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3682 of 2025 Vijay @ Pappu Verma S/o Dashrath Lal Verma Aged About 45 Years R/o Near Vimala Hotel, Ward No- 22, Police Station Mohan Nagar, Tehsil And District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through- SHO P.S. Mohan Nagar, Durg District- Durg (C.G.) ... Respondent For Applicant : Shri Avinash Chand Sahu and Shri Aman Tamrakar, Advocates. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 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 No.232/2023 registered at Police Station Mohan Nagar, Durg District Durg (C.G.) for the offence punishable under Sections 34(2), 59 (A) of Excise Act. 2. Case of the prosecution, in brief, is that on 24.05.2023 the concerned police received secret information that one Pawan Yadav is selling illegal liquor in his house and when the police reached in his house and recovered total 38.160 bulk liter foreign / country made liquor (20.160 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.12 12:24:56 +0530 2 bulk liter of country made & 18.00 bulk liter of foreign made) and also recovered Rs.1750.00 cash and the police arrested the accused Pawan Yadav. During investigation the accused Pawan Yadav stated that above liquor was given by present applicant. Therefore, the Police mentioned the present applicant as accused in the above case and thereafter filed charge sheet and later on main accused Pawan Yadav was acquitted in the above offence and on 10.04.2025 he has been arrested. Hence this bail application. 3. Learned counsel for the applicant submits that the co-accused had stated that the contraband article which was given to him was given by the applicant in his memorandum statement and the co-accused Pawan Yadav has been acquitted by the trial court. It is further submitted that though the applicant was stated to be absconding but he was very much present in his house. He states that though the present case was registered against the applicant and he was not named in the FIR and Pawan Yadav was named in the FIR. It is stated thereafter the applicant was arrested in other criminal case on 27/05/2024 and he was not having knowledge about the present case and though the present case was registered in same Police Station Mohan Nagar where the other case was also registered in 2024 and the applicant was arrested and he was not disclosed about the said case, after he was acquitted in the case by the trial court, he was detained in the present case. He would submit that the applicant is in jail since 10/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 3 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, also considering the fact that the co-accused Pawan Yadav who had stated in his memorandum statement that the contraband article which was given to him was given by the applicant and the co-accused Pawan Yadav has been acquitted by the trial court, though the present case was registered against the applicant but he was not named in the FIR and co-accused Pawan Yadav was named in the FIR, applicant was arrested in other criminal case on 27/05/2024 and the present case was registered in same Police Station Mohan Nagar, Durg where the other case was also registered in 2024 and the applicant was arrested and he was not disclosed about the said case, after he was acquitted in the case by the trial court, he was detained in the present case, so far as the criminal history of the applicant is concerned, he has given an explanation for the same, applicant is in jail since 10/04/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Vijay @ Pappu Verma, involved in Crime No.232/2023 registered at Police Station Mohan Nagar, Durg District Durg (C.G.) for the offence punishable under Sections 34(2), 59 (A) 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri