1 2025:CGHC:28303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3660 of 2025 Nohar Sai Rathiya S/o Late Bansi Ram Rathiya Aged About 23 Years R/o Village Auraimuda, P.S.- Gharghoda, District- Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through Officer-In Charge Police Station-Gharghoda, Distt. Raigarh (C.G.) . .. Respondent For Applicant : Mr. Ashutosh Mishra, 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. 80/2025 registered at Police Station –Gharghoda District - Raigarh (C.G.), for the offence punishable under Section 34(2) & 34(B) of the C.G. Excise Act against the present applicant. 2. As per prosecution story in brief is that on 12.04.2025 an information VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:13 +0530 2 was received by the head constable that the present applicant is selling Mahua liquor. That the police authority entered the house of present applicant and seized total 27 bulk Ltr. Kacchi Mahua liquor. That thereafter offence was registered of the present applicant and investigation was initiated. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits the applicant was not even present on the date of incident and no seizure have been made from the exclusive possession of the applicant, the applicant has implicated in a false case and the applicant is in jail since 12.04.2025, 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 12.04.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Nohar Sai Rathiya involved inCrime No. 80/2025 registered at Police Station –Gharghoda District - Raigarh (C.G.), for the offence punishable under Section 34(2) & 34(B) of the C.G. Excise 3 Act against the present applicant 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 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 4 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