1 2025:CGHC:25954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3552 of 2025 1 - Tikaram Dansena S/o Dayaram Dansena Aged About 32 Years R/o Kodabhatha Gidha P.S. Kharsia District Raigarh Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Kharsia, Dist.- Raigarh, Chhattisgarh ... Respondent For Applicant : Mr. Prashant Dansena, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2025 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. 215/2025 registered at Police Station - Kharsia, District Raigarh (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that the Police of Police Station – Kharsia, District Raigarh (C.G.), received a secret information, police authorities have acted upon the tip off and conducted raid on 16.04.2025 and found applicant in the possession of country made VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.20 15:22:32 +0530 2 liquor which totaling 33 bulk liter of country made liquor found in the possession of applicant. Thereafter, the FIR was registered for the offence punishable under Section 34(2) of C.G. Excise Act and the present applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 33 bulk liters liquor was not seized from the exclusive possession of the applicant. It is 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. The applicant is in jail since 16.04.2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and the applicant has one criminal antecedent bearing crime No. 772 of 2024 under Section 34(2) of C.G. Excise Act, which is pending. He further submits that the 33 bulk liters 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the there is no recovery has been made from the present applicant, further the conclusion of the trial may take some more time, applicant is in jail since 16.04.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Let the applicant – Tikaram Dansena, involved in Crime No. 215/2025 registered at Police Station - Kharsia, District Raigarh (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on their 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 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali