1 2025:CGHC:32328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4170 of 2025 Kapoorsai Ratre S/o Parasram Ratre Aged About 40 Years R/o Village - Sonamundi, P.S. - Basna, Tahsil - Basna, District - Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Excise Circle Basna, District - Mahasamund (C.G.) ... Non-applicant(s) For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 39/2025, registered at Police Station : Excise Circle, Basna District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution story in brief, is that as per secret information receive from the informant, on the basis of said information the Police conducted raid and have seized 35 bulk liters of country KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 made hand kachchi Mahua liquor from the place of incident at open place and he did not produce any document of seized liquor. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said 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 and in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 06.05.2025 and the applicant has one criminal antecedent of similar nature of the year 2023 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. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has not filed before the competent Court and the applicant has one previous criminal antecedent of similar nature of the year 2023 and further the quantity of liquor seized from the possession of the present applicant i.e. 35 bulk liters of country made hand kachchi liquor as such, he is not entitled for grant of bail. 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 allegation levelled against the applicant and the fact that the applicant has one previous criminal antecedent of 3 similar nature of the year 2023 and in the present case, charge- sheet has been filed before the competent Court, which is taken on record, further the quantity of liquor seized from the possession of the applicant i.e. 35 bulk liters of country made hand kachchi liquor and he is in jail since 06.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Kapoorsai Ratre, involved in Crime No. 39/2025, registered at Police Station : Excise Circle, Basna District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, 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 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, 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 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 Kunal