1 2025:CGHC:22384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4112 of 2025 Kantanath Bareth S/o Gorilal Aged About 37 Years Caste Dhobi R/o Village Barra, Police Station Jaijaipur District - Sakti Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle, Jaijaipur District - Sakti (C.G.). ... Non-Applicant For Applicant : Mr. Kanhaiya Ram Yadav, Advocate, holding the brief of Mr. Dharmesh Srivastava, Advocate For State : Mr. Hari Om Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.130/2024 registered at Excise Circle, Jaijaipur, District Sakti (C.G.), for the offence punishable under Section 34(2), 59(a) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the Excise Circle, Jaijaipur received a secret information and on a search being made, 35 bulk Digitally signed by NADIM MOHLE 2 liters country made liquor was seized from the illegal possession of the applicant and co-accused namely, Prabhudayal Khunte. Hence, the aforesaid offence was registered. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is in jail since 19.03.2025 and conclusion of trial may take some more time. 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 and the minimum punishment under Section 59(a) of the Chhattisgarh Excise Act is 3 months imprisonment and a fine of Rs. 1 lakh. Therefore, learned counsel for the applicant prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. 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, considering the nature and gravity of allegation levelled against the applicant; there is no criminal antecedents of the present applicant; co- accused has already been granted bail, and that he is in jail since 19.03.2025 and further considering that the conclusion of trial may take 3 some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Kantanath Bareth, involved in Crime No. 130/2025 registered at Excise Circle, Jaijaipur, District Sakti (C.G.), for the offence punishable under Section 34(2) & 59(a) of the Chhattisgarh 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 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 BNS. (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 BNS. (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 4 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 NADIM