1 2025:CGHC:32029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4822 of 2025 Rajab Rana S/o Dedhrana Aged About 44 Years R/o Village- Naughata, P.S.- Sariya, Tehsil- Sariya, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Officer In-Charge, Excise Circle, Sariya, District : Sarangarh-Bilaigarh, Chhattisgarh ... Non-applicant For Applicant : Mr. Vedant Shadangi, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 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. 17/2025 registered at Police Station Excise Circle Sariya, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 34(1-A), 34(2) and 59-A of the C.G. Excise Act. 2. As per the prosecution's story, in brief, it is that the police received secret information through an informant and on the basis of the said ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.11 18:26:54 +0530 2 information conducted a raid and seized 15.2 liters of hand made raw mahua liquor at home situated at village Naughata, Sariya, District Sarangarh – Bilaigarh, (C.G). Consequently, the police registered aforesaid case against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said liquor were not seized from the exclusive possession of the applicant. He further submits that the present applicant has 03 criminal antecedents under the Excise Act, in which the applicant has already been acquitted, copy of the same has been annexed with the present bail application. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 26.05.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application filed by the applicant and submits that the charge-sheet has already been filed in the present case before the competent Court. He further submits that though the applicant has acquitted in all 03 cases under the Excise Act, but looking to the nature of criminal antecedents of the present applicant shows that he is a habitual offender, therefore, he is not entitled for grant of regular 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 and further the fact that the present applicant has 03 criminal antecedents under the Excise Act, in which the applicant has already been acquitted, copy of the same has been annexed with the present bail application, moreover, the fact that the charge- sheet has already been filed before the competent Court and he has been in jail since 26.05.2025 and conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Rajab Rana, involved in Crime No. 17/2025 registered at Police Station Excise Circle Sariya, District Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections 34(1-A), 34(2) and 59-A of the C.G. Excise Act, be released on bail on her 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek