1 2025:CGHC:28304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3654 of 2025 Sanjay Kumar Rajak S/o Nandram Aged About 30 Years R/o Village- Nagchui, Police Station- Takhatpur, District - Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Excise Circle- Takhatpur, District - Bilaspur C.G. ... Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Laywer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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. 03/2025 registered at Police Station – Excise Circle - Takhatpur District - Bilaspur (C.G.), for the offence punishable under Section 34(1)(a), 34(2), 59-A of the C.G. Excise Act against the present applicant. 2. As per prosecution story in brief is that on 05.04.2025, Excise Circle, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:11 +0530 2 Takhatpur, District Bilaspur (C.G.) received a secret information that the present applicant resident of Village Nagchui has kept illicit Kachchi Mahua liquor in his house for sale. On the basis of aforesaid secrete information, a team of Excise Circle conducted a raid in Village Nagchui and the present applicant was found to be in possession of 40 liters of handmade country (Kachchi-Mahua) liquor. The present applicant was arrested, articles were seized and offence has been registered. The charge-sheet has not been filed and the matter is being investigated by the Excise Circle, Takhatpur, District Bilaspur (C.G.). 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits that police has not seized any article from the possession of the applicant because police has seized liquor at open place, the applicant has implicated in a false case and the applicant is in jail since 05.04.2025, Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 05.04.2025 and conclusion of the trial may take some more time, this Court is of the 3 view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sanjay Kumar Rajak involved in Crime No. 03/2025 registered at Police Station – Excise Circle - Takhatpur District - Bilaspur (C.G.), for the offence punishable under Section 34(1)(a), 34(2), 59-A of the C.G. Excise Act against the present applicant. against the present applicant, 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 his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav