1 2025:CGHC:30655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4643 of 2025 Narendra Verma S/o Laxman Verma Aged About 35 Years R/o Village - Sonbhaththa, Out Post Jalbandha, District K.C.G. Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, Out Post Jalbandha, Police Station Khairagarh, District K.C.G. Chhattisgarh. --- Non-Applicant For Applicant : Mr. Vikram Pratap, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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. 46/2025 registered at Police Out Post - Jalbandha, Police Station Khairagarh, District K.C.G, for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.05 13:42:04 +0530 2 2. Case of the prosecution, in brief, is that on 05.02.2025, at around 4:10 pm, Assistant Sub-Inspector M.L. Bhandekar and his team were on patrol when they received information about the applicant storing a large quantity of illegal liquor near Laxman Verma's house. After verifying the information, they conducted a raid and recovered 3 cartons of Goa Whisky (150 bottles, 180 ml each, totaling 27 liters) worth approximately ₹20,250. The accused failed to produce relevant documents when served with a notice under Section 94 of the BNS. A seizure memo and preliminary report were prepared, and samples were collected for testing. The accused persons were taken into custody, and their statements were recorded, leading to the registration of FIR No. 46/2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedents under the Excise Act, which is pending. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 05.02.2025. 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 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. She further submits that that total 27 bulk liters illicit liquor was seized from possession of the applicant. She also submits that the applicant has one previous criminal antecedents under the Excise Act, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 one previous criminal antecedents under the Excise Act, further the charge-sheet has been filed and he is in jail since 05.02.2025. 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. Accordingly, the bail application is allowed. Let the applicant - Narendra Verma, involved in Crime No. 46/2025 registered at Police Out Post - Jalbandha, Police Station Khairagarh, District K.C.G, for the offence punishable under Sections 34(2) of the Chhattisgarh 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 she 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 her absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 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 sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against her 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/- (Ramesh Sinha) Chief Justice Preeti