1 2025:CGHC:28761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3845 of 2025 Samaruram Gond S/o Shri Mudiya Gon, Aged About 52 Years Old R/o Village Kamrid Sabriya Dera P.S. Pamgarh, District - Janjgir - Champa (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District - Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Rishab Dev Singh, Advocate. For Non-Applicant/State : Mr. Subha Shrivastava, Panel Laywer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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. 160/2025 registered at Police Station – Pamgarh, District - Jangir- Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, against the present applicant. 2. The case of the prosecution in brief is that on 19.04.2025, the Head Constable of Police Station Pamgarh, while on routine duty, received information from a reliable informant that a minor, resident of village Kamrid and a child in conflict with law, was transporting a substantial quantity of illicit hand-distilled Mahua liquor. The said minor was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:43 +0530 2 allegedly carrying the liquor from Sabariya Dera, Village Kamrid, on an unregistered Honda SP Shine motorcycle via Dogakohrad Road, en route to Pamgarh for the purpose of unlawful sale. Acting upon the said information, the police team, accompanied by independent witnesses, proceeded to the specified location, cordoned off the area, and conducted a raid. During the operation, the said minor was apprehended while riding the above-mentioned motorcycle and was found in possession of a plastic sack. Upon examination, two large plastic bags containing 11 liters each-totaling 22 liters of raw Mahua liquor-were recovered from his possession. Upon being interrogated on the spot regarding the possession and transportation of the illicit liquor, the minor voluntarily disclosed that the said liquor had been manufactured by his father, Samaruram Gond, and was being sent for illegal sale within the Pamgarh region. Based on the disclosure made by the minor and the facts revealed during the preliminary investigation, a criminal case under Section 34(2) of the Chhattisgarh Excise Act was registered against the applicant, Samaruram Gond, who was thereafter taken into custody 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 26.04.2025, 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 3 present case before the competent Court. He further submits, applicant has 2 criminal antecedents, therefore, he is not entitled for grant of regular bail. 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, and he is in jail since 26.04.2025 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, Samaruram Gond, involved in Crime No. 160/2025 registered at Police Station – Pamgarh, District - Jangir-Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, against the present applicant, against the present applicant be released on bail on furnishing personal bond with two local 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 4 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 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