1 2025:CGHC:22096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3879 of 2025 1. Akhilesh Dahariya S/o Sudan Dahariya Aged About 35 Years R/o Village- Kari, P.S. Lawan, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant (In jail) Versus 1. State Of Chhattisgarh Through The Station House Officer, P.S. Lawan, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate For Non-applicant : Mr. Neeraj Sharma, Dy. Advocate General Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/05/2025 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.150/2025 registered at Police Station Lawan, District Balodabazar Bhatapara (CG) for the offence punishable under Section 34 (2) of the Excise Act. 2. Case of the prosecution, in brief, is that pursuant to secret information received by police during patrolling on 20.3.2025, a raid was conducted and around 35 bulk liter of illicit liquor was seized from agriculture field of applicant situated in village Kaari. Upon service of notice under NISHA DUBEY Digitally signed by NISHA DUBEY 2 Section 94 of BNSS, applicant failed to produce any document for possessing the liquor. Therefore, illicit liquor was seized and applicant was arrested. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He submits that under Section 34 (2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. Applicant has one criminal antecedent under the Excise Act, he is languishing in jail since 20.3.2025, charge sheet has already been filed, conclusion of trial is likely to take quite long time, 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 35 liter liquor was seized from possession of the applicant. It is further submitted that the applicant is having one criminal antecedent under the Excise Act, trial of which is pending consideration, and therefore, he is not entitled for bail. 5. 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 allegation levelled against the applicant, quantity of liquor seized, pre-trial detention period of applicant i.e. from 20.3.2025 and the fact that charge sheet has already been filed after completion of investigation, applicant is not required for further custodial interrogation, I am inclined to allow this application. 7. Let applicant Akhilesh Dahariya, involved in Crime No.150/2025 registered at Police Station – Lawan District Balodabazar Bhatapara (CG) for the offence punishable under Section 34 (2) of the Excise Act, 3 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 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 the Court. In case of default of this condition, it shall be open for the trial Court to treat it as an 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 him 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 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 4 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 Nisha