1 2025:CGHC:22013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3842 of 2025 • Rajesh Kumar Kurre S/o Late Teras Ram Kurre Aged About 28 Years Caste- Satnami, R/o Village- Lavsara, Tahsil And Police Station- Baradwar, District Sakti, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Baradwar, District Sakti, Chhattisgarh. ... Non-applicant For Applicant : Mr. Virendra Verma, Advocate For Non-applicant : Mr. Satish Gupta, Government Advocate SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.78/2025 registered at Police Station Baradwar, District Sakti (CG) Digitally signed by RAMESH KUMAR VATTI 2 for the offence punishable under Sections 34 (2) & 42 of the Excise Act, 1915. 2. Case of the prosecution, in brief, is that the applicant was found in possession of 15 liter illicit country made liquor (Mahua) without having valid license and accordingly, the offence has been registered against the applicant and he was arrested. 3. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. He further submits that the charge sheet has been filed. He also submits that liquor has not been seized from exclusive possession of applicant. Under Section 34 (2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is languishing in jail since 04.04.2025, therefore, he may be released on regular bail. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. He submits that there are three criminal antecedents of similar nature against the present applicant and out of three cases, two have been disposed of and thus, only one criminal case is pending against him. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, I am inclined to grant regular bail to the present applicant. 7. Let applicant Rajesh Kumar Kurre involved in Crime No.78/2025 registered at Police Station Baradwar, District Sakti (CG) for the offence punishable under Sections 34 (2) & 42 of the C.G. Excise Act, be released on regular bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial 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 their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 4 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 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 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 Vatti