1 2025:CGHC:25865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4659 of 2025 Ravi Manhare S/o. Sadhuram Manhare Aged About 30 Years R/o. Village - Raseda, Police Station - City (Wrongly Mentioned As Citi In The Order- Sheet) Kotwali, Balodabazar, District - Balodabazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, Balodabazar, District - Balodabazar-Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2025 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. 431/2025 registered at Police Station City Kotwali, Balodabazar, District Balodabazar – Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 2. The case of the prosecution in brief is that on 02.05.2025, the police of Police Station City Kotwali, Balodabazar, received information from a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.20 14:27:38 +0530 2 secret informant that the present applicant was selling illicit liquor near the Nuco Plant Main Gate. Based on this information, the police conducted a raid during which the applicant was found in possession of 44 quarters of illicit Goa Whisky at Village Raseda near the Nuco Plant Main Gate, with a total quantity of 7.92 bulk liters. The applicant was arrested, and his arrest was informed to his family members. A First Information Report was registered against him, a spot map was prepared, statements of the witnesses were recorded, and after completion of the investigation, a charge sheet was filed. The case is currently pending before the learned Chief Judicial Magistrate, Balodabazar, District Balodabazar-Bhatapara (C.G.), bearing Criminal Case No. 2592/2025. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case, and the Said 44 quarters of illicit Goa Whisky total quantity of 7.92 bulk liters liquor were not seized from the applicant's exclusive possession. Furthermore, counsel argues that the applicant has 09 criminal antecedents and all the cases have already been disposed of, the said cases have also been explained in 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 present applicant has been in jail since 02.05.2025 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, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He submits that the present 3 applicant has 09 criminal antecedents out of which 02 cases are under the similar nature, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant has 09 criminal antecedents and all the cases have already been disposed of, the said cases have also been explained in the present bail application, moreover the fact that the charge-sheet has been filed before the competent Court and he has been in jail since 02.05.2025 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. 7. Let the applicant – Ravi Manhare, involved in Crime No. 431/2025 registered at Police Station City Kotwali, Balodabazar, District Balodabazar – Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, 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 4 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 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