1 2025:CGHC:33431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4301 of 2025 Balikram S/o Shri Jagatram @ Janakram Manjhi Aged About 42 Years R/o Village - Kudumkela Nawadih, Thana And Tahsil - Gharghoda, District : Raigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Gharghoda, District : Raigarh, Chhattisgarh ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Saumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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.130/2025 registered at Police Station Gharghoda, Distt.- Raigarh (C.G.) for the offence punishable under Sections 34(2), 59(A) & 34(B) of the C.G. Excise Act 2015. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.17 19:06:37 +0530 2 2. Case of the prosecution, in brief, is that Police of police Station Gharghoda, Distt. Raigarh on the basis of secret information conducted a raid and made the search near village Kudumkela and alleged the applicant to be selling illicit liquor and alleged to have seized 75 litres country made liqour and arrested the applicant in commission of aforesaid offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 75 litres country made 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 would submit that the applicant’s wife has given birth to a newly born child recently. He also submits that the applicant has no criminal antecedents, the applicant is in jail since 19/05/2025 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 submits that the charge-sheet has not been filed in the present case. He further submits that 75 litres country made liqour 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. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that it is stated that the applicant’s wife has given birth to a newly born child recently, he is in jail since 19/05/2025 and 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. Accordingly, the bail application is allowed and it is directed that the applicant - Balikram, involved in Crime No.130/2025 registered at Police Station Gharghoda, Distt.- Raigarh (C.G.) for the offence punishable under Sections 34(2), 59(A) & 34(B) of the C.G. Excise Act 2015, be released on bail on his 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 4 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 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 gouri