1 2025:CGHC:35831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4776 of 2025 Mayuri Dhangar @ Sonia S/o Omprakash Aged About 29 Years R/o Surya Nagar, Gogaoun, Ward No. 03, Thana Gudiyari, District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Gudiyari, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Kumar Yadav, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Laywer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 265/2025 registered at Police Station – Gudiyari, District - Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 2. As per the case of prosecution in brief is that the Police has seized total 15.840 Litter Desi liquor in possession of the applicant. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.25 19:08:24 +0530 2 Thereafter first Information Report was lodged at Police Station Gudiyari against the applicant and Police Station Hirri registered a case as crime no 265/2025 for the offence punishable under section 34(2) of Chhattisgarh Excise Act. Thereafter applicant was arrested by the police of Police Station Gudiyari on 18.05.2025. 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. He further submits that the applicant is only earing member of his family and he is in jail since 18.05.2025, Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has already been filed before the competent Court in the present case. She further submits that the applicant has three criminal antecedents. Out of these, one case has been disposed of, in one case the applicant has been acquitted, and one case is still pending. Therefore, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the overall facts and circumstances of the case, including the nature and gravity of the allegations levelled against the present applicant, as well as the fact that the charge sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 3 18.05.2025, and considering that the conclusion of the trial is likely to take a considerable time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Mayuri Dhangar @ Sonia, involved in Crime No. 265/2025 registered at Police Station – Gudiyari, District - Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, against the present applicant, 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 his, in accordance 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav