1 (MCRC No. 4084 of 2025) 2025:CGHC:22393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4084 of 2025 1 - Ashok Bai @ Podhin W/o Satyanarayan Kawat Aged About 45 Years R/o Chhurikala Police Station Katghora District - Korba (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Katghora District- Korba (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Purnendra Khichariya, Advocate For Non-applicant/State : Mr. Pramod Shrivastava, Dy. GA Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 168/2025 registered at Police Station Katghora, District Korba (C.G.), for the offence punishable under Section 34(2) of ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.28 12:36:00 +0530 2 (MCRC No. 4084 of 2025) the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 30.04.2025, the applicant was found in possession of 32 liters of handmade raw Mahua without valid documents, which has been seized from the of the applicant and, consequently, offence under Section 34(2) of the C.G. Excise Act was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 32 liters of handmade raw Mahua was not seized from the exclusive possession of the applicant. 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. It is further submitted by the learned counsel for the applicant that the applicant has two criminal antecedents in Crime No. 102 of 2023 under Section 36(c) of Excise Act and Crime No. 183 of 2021 under Section 36(f)(h) of the Excise Act and both the cases have been disposed of. That, the applicant is in jail since 30.04.2025 and the conclusion of the trial is likely to take some 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 been filed in the present case before the competent Court and the applicant has two criminal antecedents,therefore,she is not entitled for grant 3 (MCRC No. 4084 of 2025) 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 further considering the fact that the applicant has two criminal antecedents, both of which have been disposed of and she is in jail since 30.04.2025 and the trial is likely to take some time for its conclusion, I am of the opinion that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Ashok Bai @ Podhin involved in Crime No. 168/2025 registered at Police Station Katghora, District Korba (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on her furnishing a personal bond with two local sureties, in the like amount 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 4 (MCRC No. 4084 of 2025) 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 the Bhartiya Nyaya Samhita. (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 Bhartiya Nyaya Samhita. (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 concerned trial Court forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice @d!t!