1 2025:CGHC:30016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3947 of 2025 • Harvansh Jangde S/o Shri Jethuram Jangde Aged About 45 Years R/o Village - Umariya, Thana - Pathariya, Police Out Post - Saket, Tahsil - Pathariya, Distt. - Mungeli Chhattisgarh ... Applicant versus • The State Of Chhattisgarh Through Officer Of Divisional Flying Squad Bilaspur, Distt. - Bilaspur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajendra Patel, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.14/2025 registered at Police Station Divisional Flying Squad, District- Bilaspur (C.G.) under Sections 34(1) (A), 34(2) & 59(A) of Excise Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. Case of the prosecution, in brief, is that on 29.04.2025 the officers of Divisional Flying Squad Bilaspur, Distt.- Bilaspur have received the secret information from the informant with the averment that the applicant has kept the Liquor for selling purpose so police officers have made the search and alleged to have seized 43.600 Bulk Liter country made Plane liquor which was kept in plastic bag and arrested the present applicant on the basis of doubt. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 43.600 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has 3 previous criminal antecedents in Crime No. 928 of 2024 under Section 36 (C) of C.G. Excise Act and in Crime No. 484 of 2018 under Section 34(1)(A) of C.G. Excise Act and in Crime No. 620 of 2017 under Section 34(1) (A) of C.G. Excise Act and all are disposed off. The applicant is in jail since 29.04.2025 and 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 would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and the applicant applicant has 3 previous criminal antecedents in Crime No.928 of 2024 under Section 36 (C) of C.G. Excise Act and in Crime No. 484 of 2018 under Section 34(1)(A) of C.G. Excise Act and in Crime No. 620 of 2017 under Section 34(1)(A) of C.G. Excise Act and all cases are disposed off. He further submits that 43.600 bulk liters of the 3 country made liquor was recovered from the possession of the applicant, 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 the fact that the applicant has 3 previous criminal antecedents in Crime No. 928 of 2024 under Section 36 (C) of C.G. Excise Act and in Crime No. 484 of 2018 under Section 34(1)(A) of C.G. Excise Act and in Crime No. 620 of 2017 under Section 34(1) (A) of C.G. Excise Act and all cases are disposed off, he is in jail since 29.04.2025, looking to his detention period, further 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 – Harvansh Jange, involved in Crime No. Crime No.14/2025 registered at Police Station Divisional Flying Squad, District- Bilaspur (C.G.) under Sections 34(1)(A), 34(2) & 59(A) of 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 4 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 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 for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali