1 2025:CGHC:25485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3970 of 2025 Sewak Anant S/o Shri Titra Anant Aged About 29 Years R/o Village Sonbandha P.S. Takhatpur District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Takhatpur District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rakesh Kumar Manikpuri, Advocate For Respondent(s) : Ms. Subha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2025 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. 236/2025, registered at Police Station Takhatpur District - Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2. The case of the prosecution, in brief, is that on 10.05.2025, P.S. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Takhatpur received the information from the informant that the applicant has kept the illicit liquor for sale in the Matsagra Road at Village-Belpan. On the information P.S. Takhatpur made search on the spot and during investigation, received 12 bulk liter handmade Mahuwa liquor and registered the Crime No. 236/2025 for the offence punishable under Section 34 (2) of Excise Act and arrested the applicant on 10.05.2025. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that so far as criminal antecedents of the applicant is concerned, the applicant has only one criminal antecedent pending against him. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 10.05.2025 and though the charge- sheet has been filed, the conclusion of the trial is likely to take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application but admits that the charge-sheet has already been filed before the competent Court. She further submits that from the possession of the present applicant 12 bulk liter handmade Mahuwa liquor was seized, therefore, he is not entitled for grant of regular 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, 3 nature and gravity of allegation levelled against the applicant and the fact that the applicant has only one criminal antecedent pending against him and also considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 10.05.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Sewak Anant, involved in Crime No. 236/2025, registered at Police Station- Takhatpur District - Bilaspur (C.G.) for the offence punishable under Section 34(2) of the 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, proclamation under Section 84 of BNSS. is issued 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil