1 / 4 2025:CGHC:32144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4243 of 2025 Ajay Kumar Chouhan S/o Ganesh Ram Chouhan Aged About 35 Years R/o Mironi, P.S. Chandrapur And District Sakti, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Chandrapur, District Sakti, Chhattisgarh. ... Non-applicant For Applicant : Mr. Mayank Mulchandani, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 37/2025, registered at Police Station : Chandrapur District – Sakti (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, on 03/05/2025 police has received an information from their informant that one Ajay Kumar Chouhan has kept illegal raw Mahua liquor for sale in front of the vacant house of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.11 15:52:29 +0530 2 / 4 Manik Chouhan. On receiving the said information police reached the spot and found Ajay Kumar Chouhan with 25 ltr of raw Mahua liquiour worth of Rs/- 2500 (Twenty five Hundread Rupees) which was recovered from the possession of present applicant thereby the concerning police of Police station Chandrapur District Sakti has registered an offence under section 34 (2) of Chhattisgarh Excise Act. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits that police has not seized any article from the possession of the applicant because police has seized liquor at open place, the applicant has implicated in a false case. He further submits that the prosecution has prepared the false and fabricated seizure against the applicant, only on the basis of suspicion and the applicant is in jail since 04.05.2025, Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 04.05.2025 and 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 applicant, Ajay Kumar Chouhan, involved in Crime No. 37/2025, 3 / 4 registered at Police Station : Chandrapur District – Sakti (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local 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 her 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 him 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 4 / 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav