1 2025:CGHC:23533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4327 of 2025 1. Deendayal Markam S/o Kartik Ram Markam Aged About 54 Years Caste Gond R/o Village- Shivpur Thana Pali, District- Korba (C.G.) 2. Krishan Kumar S/o Udal Singh Aged About 62 Years Caste - Gond, R/o Village- Bodalpara Parsada, Thana- Pali, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station Excise Circle, Dipka, District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12/06//2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 68/2025 registered at Police Station- Excise Circle Dipka, District- Korba (C.G.), for the offence punishable under Sections 34(1)(A)(B), 34(2) and 59(A) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.13 15:22:46 +0530 2 2. Case of the prosecution, in brief, is that on 10.05.2025 as per secret information received from informant Police made search of applicants and seized 48 liters Mahua liquor and 340 Kgs Mahua Lahan from possession of applicants. Thereafter, police arrested the applicants on 10.05.2025. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the applicants have no previous criminal antecedents. He also submits that the charge-sheet has been filed in the present case and the applicants are in jail since 10.05.2025. 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 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the applicants have no previous criminal antecedents and the charge-sheet has been filed. He has further submitted that total 48 liters Mahua liquor and 340 Kgs Mahua Lahan seized from the possession of the applicants, therefore, he is not entitled for grant 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 applicants and the fact that the applicants have no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 10.05.2025. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 3 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Deendayal Markam and Krishan Kumar, involved in Crime No. 68/2025 registered at Police Station- Excise Circle Dipka, District- Korba (C.G.), for the offence punishable under Sections 34(1)(A) (B), 34(2) and 59(A) of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties in the like sum 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 court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of BNS. (iv) The applicants shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the 4 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 trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti