1 2025:CGHC:3713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 556 of 2025 Shishupal Sahu S/o Late Leeladhar Sahu Aged About 28 Years R/o Ward No.7, Jawarpara, Balod, Police Station And District- Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Balod, District- Balod (C.G.) ... Non-Applicant For Applicant : Mr. Malay Shrivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2025 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. 457/2024 registered at Police Station- Balod, District – Balod (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, upon such basis, the police conducted raid and have seized 7.125 bulk liters of liquor from the possession of the applicant along with co-accused and subsequently the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicants have been arrested for the commission of alleged offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has four previous criminal antecedents which has been explained in the bail application and in the present case, charge- sheet has been filed before the competent Court and he is in jail since 09.09.2024. 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 further the fact that the co- accused namely Mo. Imran Khan, has already been granted bail by this Court in MCRC No. 6889/2024, vide order dated 22.11.2024, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the applicant has six criminal antecedents under the IPC out of which three cases have been decided and three cases are still pending and in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized i.e. 7.125 bulk liters of liquor from the possession of the applicant along with co-accused, therefore, he is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and 3 the fact that the applicant has six criminal antecedents under the IPC out of which three cases have been decided and three cases are still pending and further no case has been registered under the Excise Act and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 09.09.2024 moreover, the fact that the co-accused namely Mo. Imran Khan, has already been granted bail by this Court in MCRC No. 6889/2024, vide order dated 22.11.2024 and the 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 the applicant- Shishupal, involved in Crime No. 457/2024 registered at Police Station- Balod, District – Balod (C.G.), for the offence punishable under Sections 34(2) of the C.G. 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 sufÏcient 4 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 applicant is deliberate or without sufÏcient 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. In the meanwhile, the defect pointed out by the Registry is overruled. 9. OfÏce 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 Kunal