1 2025:CGHC:22031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3763 of 2025 Pramod Kumar Mahilange S/o Bhagirathi Mahilange aged about 29 years, R/o Village - Khajuri, P.S. Hirri, District Bilaspur (C.G.) ... Applicant Versus State of Chhattisgarh Through - Excise Circle Bilha, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Devesh Chandra Verma, Advocate. For State : Mr. Keshav Prasad Gupta, G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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. 06/2025 registered at Police Station-Excise Circle Bilha, District Bilaspur (C.G.) for the offence punishable under Sections Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 34(1) (A), 34(2) & 59(A) of the Excise Act 2015. 2. The case of the prosecution, in brief, is that during patrolling, the police officials have received an information from the informant and on the basis of the said information, they searched the house of applicant in which one plastic bag was found in which 250-250 ml, 140 pieces of country made liquor, i.e., total of 35 bulk liters of illicit country made liquor was seized from the possession of the present applicant in present of the witnesses. Thereafter, Police has registered an aforesaid offence against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has only 01 criminal antecedent under Sections 147, 294, 323, 506 of IPC which are disposed of. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 21.04.2025, the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that from the possession of the present applicant 35 bulk liters of illicit country made liquor were seized, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case- 3 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 applicant has only 01 criminal antecedent under Sections 147, 294, 323, 506 of IPC which are disposed of, also considering the fact that the charge-sheet has been filed and the applicant is in jail since 21.04.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Pramod Kumar Mahilange, involved in Crime No. 06/2025, registered at Police Station Excise Circle Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 34(1) (A), 34(2) & 59(A) of the C.G. Excise Act, be released on bail on furnishing 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. 4 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice U.K. Raju