1 2025:CGHC:37333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4130 of 2025 Battulal S/o Sakhiram Aged About 55 Years Caste - Satnami, R/o Jamgahan, P.S. - Malkharoda, District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through The District Magistrate, District - Sakti (C.G.) ... Non-applicant For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 165/2025 registered at Police Station : Outpost Faguram, P.S. Dabhara District – Sakti (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution's case is that the S.I. Outpost Faguram, P.S. Dabhara VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:08:55 +0530 2 was received secret information through informant and during the raid the handmade mahua liquor total 35 bulk liters has been seized from the accused/applicant which was kept in his possession. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant the quantity of the seized liquor is only 35 bulk liters, hence the bail application is liable to be allowed and the present applicant deserves to be released on bail and he is in jail since 22.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 22.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Battulal, involved in Crime No. 165/2025 registered at Police Station : Outpost Faguram, P.S. Dabhara District – Sakti (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise 3 Act, be released on bail on his 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 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 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 4 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 vaibhav