1 2025:CGHC:41240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4282 of 2025 • Viru Banjare S/o Ankalha Banjara Aged About 30 Years R/o Village Sewati, Purana Talab, Near Shiv Mandir, Chowki Litiya Samariya, Thana Bori, District Durg Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Bori, District Durg Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aniket Verma, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 63/2025 registered at Police Station - Bori, District-Durg (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 20.05.2025 at around 3:00 PM, Sub-Inspector Santosh Kumar Sahu, posted a Police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.18 17:34:19 +0530 2 Outpost Lalitiya Semariya, allegedly received a tip-off from a informer stating that the applicant was involved in the unlawful sale of liquor in the vicinity of Sevti village. It was further alleged that the applicant was selling illicit liquor from a yellow plastic bag placed on the fuel tank of a motorcycle bearing registration number CG-07-CS-9201. Acting upon the said information, the police party proceeded to the location and conducted a raid. During the raid, the individual present at the spot identified himself as Viru Kumar Banjare, the present applicant. A search was conducted, which purportedly led to the recovery of 56 quarters of Goa Special Whisky, amounting to 10.08 bulk liters, having an estimated market value of 6,720/-, along with ₹ 360/- in cash, alleged to be the proceeds of the unlawful liquor trade, and the aforementioned motorcycle, which was allegedly used for transportation of the said liquor. Subsequently, a dehati nalishi was prepared at the spot, and a formal First Information Report (FIR) was registered at Police Station Dhamdha. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 10.08 bulk liters of liquor was not seized from the exclusive possession of the applicant. 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. He also submits that the applicant has one criminal antecedents vide crime No.345 of 2023 and the same is pending for it’s conclusion, the applicant is in jail since 20.05.2025 and the conclusion of the trial is likely to take quite long 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 3 present case before the competent Court and the applicant has one criminal antecedent vide crime No. 345 of 2023 and the same is pending for it’s conclusion. He further submits that 10.08 bulk liters liquor was recovered from the possession of the applicant, 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 applicant and, he is in jail since 20.05.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Viru Banjare, involved in Crime No.63/2025 registered at Police Station - Bori, District-Durg (C.G.), for the offence punishable under Sections 34(2) of the C.G. 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 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 4 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 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali