1 (MCRC No. 4092 of 2025) 2025:CGHC:22391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4092 of 2025 1 - Mahesh @ Maheshwar Dhruw S/o Late Shri Bedram Dhruw Aged About 35 Years R/o Village Ganiyari P.S. Fingeshwar, District- Gariyaband (C.G.) 2 - Niranjan Sahu S/o Ram Lal Sahu Aged About 45 Years R/o Village Ganiyari P.S. Fingeshwar, District- Gariyaband (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Fingeshwar District - Gariyaband (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant/State : Mr. Keshav Gupta, 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 applicants who have been arrested in connection with ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.28 12:35:59 +0530 2 (MCRC No. 4092 of 2025) Crime No. 107/2025 registered at Police Station Fingeshwar, District Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on the basis of a secret information, a raid was conducted on 28.04.2025 by the police of police station – Fingeshwar at the field of Chhintu Kamar at village Ganiyari, District Gariyaband and total 80 bulk liters of handmade liquour was seized from the possession of the applicants without valid documents and, consequently, offence under Section 34(2) of the C.G. Excise Act was registered against them. 3. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in this case. It is further argued by him that the seizure has been made from a field which is not owned by the applicants. 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. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents against them. That, the applicants are the sole bread runner of their families and are in jail since 28.04.2025 and the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the 3 (MCRC No. 4092 of 2025) bail application. 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 applicants and further considering the fact that the applicants have no criminal antecedents and they are in jail since 28.04.2025 and the trial is likely to take some time for its conclusion, I am of the opinion that the present applicants are entitled to be released on bail in this case. 7. Let applicants, Mahesh @ Maheshwar Dhruw and Niranjan Sahu involved in Crime No.107/2025 registered at Police Station Fingeshwar, District Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on them furnishing a personal bond with two local sureties each, in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial 4 (MCRC No. 4092 of 2025) court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the Bhartiya Nyaya Samhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bhartiya Nyaya Samhita. (iv) The applicants 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 applicants are 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 them 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!