1 2025:CGHC:23333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4304 of 2025 1 - Arun Kumar Singh @ Annu S/o Rohitas Singh Aged About 34 Years R/o Village- Bharsoli, Post- Kutubpur, P/s Kashganj Kotwali, Distt.- Kashganj (U.P.) ... Applicant Versus 1 - The State Of Chhattisgarh Through The Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Rahul Mishra, Advocate For Non-Applicant : Ms. Nupoor Sonkar, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/06/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 13/2021 registered at Police Station – Ramanujganj, District – Balrampur-Ramanujganj, Chhattisgarh for the offences punishable under Section 34 (2) of the Excise Act, 1915. 2. Case of prosecution is that, on 19.01.2021, when the applicant along with other co-accused Bharat, were travelling on a truck. Just before reaching police barrier, the applicant, original driver of truck informed co-accused Bharat that truck is loaded with liquor and asked the co-accused to run away. Both of them stopped the truck and ran away from tthe spot. Police upon search of truck, found 5,970.24 bulk litre foreign liquor and initially, crime was registered against unknown persons. During the course of SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 investigation, upon dump data details of mobile tower location, initially co-accused Bharat was arrested and interrogated, in which he admitted that he was present in the truck at the relevant point of time. But he further stated that the applicant was the original driver of truck. Based on the statement of co-accused Bharat, the applicant was arrested on 28.03.2025. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the truck loaded with ilicit liquor was seized unmanned. The applicant has been made accused only on the basis of the memorandum statement of Bharat (co-accused). There is no criminal antecedent against the applicant. He is in jail since 28.03.2025. Hence, he may be enlarged on bail. The co-accused Bharat hasd already been enlarged on bail vide order dated 31.03.2022 in M.Cr.C. No. 2444/2022. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that huge quantity of liquor weighing 5,970.34 bulk litres of foreign liquor was seized from the truck and therefore, as per the memorandum statement, driver of the truck was the applicant. However, upon asking with regard to the criminal antecedents against the applicant, she submits that there is no criminal antecedent against him. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, material available in the charge-sheet, as argued by the counsel for the State that there is no criminal antecedent against the applicant, offence is triable by Judicial Magistrate First Class, trial may 3 take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey