1 2025:CGHC:28298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3712 of 2025 Tikaram Khunte S/o Teejram Khunte Aged About 31 Years R/o Village - Sakrali, Police Station And Tahsil - Dabhra, District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through - S.H.O., Police Station - Dabhra, District - Sakti (C.G.) ... Respondent For Applicant : Mr. Apurva Nigam, Advocate. For Non-Applicant/State : Mr. Amit Verma, 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. 134/2025 registered at Police Station – Dabhra District -Sakti (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:13 +0530 2 2. According to the case diary, on 01/05/2025, Head Constable Mithun Kumar Sultan of Dabhra Police Station along with his staff had left for town patrolling, when information was received from an informer at the Dabhra bus stand that a person is waiting for a customer to sell liquor on the road leading to Dabhra village fair site Sakarali. Upon receiving the said information, he along with his staff and witnesses reached the place mentioned by the informer, Dabhra fair site Sakarali Road, and upon meeting a person matching the description described by the informer, on questioning him, he told his name to be Tikaram Khunte, son of Teejaram. Thereafter, on searching him, one piece of green plastic bottle of two litre capacity and four pieces of liquor of one litre capacity each were recovered from a white plastic bag, totalling 6 litres of Mahua liquor worth Rs. 600/-, which was duly seized in front of witnesses, a rural notice was written on the spot, and the Police Station, Dabhra registered a case against the accused under Crime No. 134/2025, Section 34 (2) of CG Excise Act. 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 01.05.2025, 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 applicant has one criminal antecedents, therefore, he is not entitled for bail. 5. I have heard learned counsel appearing for the parties and perused the 3 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, he is in jail since 01.05.2025 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, Tikaram Khunte involved in Crime No. 134/2025 registered at Police Station – Dabhra District -Sakti (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 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, 4 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