1 (MCRC No. 4161 of 2025) 2025:CGHC:22444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4161 of 2025 1 - Roshan Baghel S/o Sujeet Baghel Aged About 19 Years R/o Ward No. 06, Chhachhanpairi, P.S. Mujgahan, Raipur (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Line, Raipur, District Raipur (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Rakesh Kumar, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.05.2025 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. 31/2025 registered at Police Station Excise Circle, Civil Line, District Raipur (C.G.), for the offences punishable under Section 31(1)(a), 34(2), 36 & 59(A) of the C.G. Excise Act. ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.30 11:01:13 +0530 2 (MCRC No. 4161 of 2025) 2. Case of the prosecution, in brief, is that on 02.05.2025, the Police received secret information from the informant and on the basis of such information, the Police nabbed the applicant and seized 28.8 litres of liquor from his possession and, consequently, the aforesaid offences were registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and no liquor was seized from the exclusive possession of the applicant. It is further submitted by the learned counsel for the applicant that there is no criminal antecedents against the applicant. That, the applicant is a poor man and the sole bread runner of his family and is in jail since 02.05.2025, which is causing financial hardships to his family 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 submits that the charge-sheet has been filed in the present case before the competent Court and, therefore, the applicant is not entitled for grant of bail at this juncture. 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 3 (MCRC No. 4161 of 2025) case, nature and gravity of allegation levelled against the applicant and further considering the fact that the applicant has no criminal antecedents and is in jail since 02.05.2025 and the trial is likely to take some time for its conclusion, therefore, I am of the opinion that the present applicant is entitled to be released on bail in this case. 7. Let the applicant, Roshan Baghel involved in Crime No. 31/2025 registered at Police Station Excise Circle, Civil Line, District Raipur (C.G.), for the offences punishable under Section 31(1)(a), 34(2), 36 & 59(A) of the C.G. Excise Act, be released on bail on him furnishing a personal bond with two 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 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 4 (MCRC No. 4161 of 2025) 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!