1 2025:CGHC:29571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4912 of 2025 1 - Durpati Bai W/o Shiv Prasad Aged About 45 Years R/o Gram Nadiyakhar Darri Ps Darri District- Korba (C.G.) 2 - Saraswati Bai W/o Chhatram Sahu Aged About 42 Years R/o Gram Nadiyakhar Darri Ps Darri District- Korba (C.G.) ... Applicants versus State Of Chhattisgarh Through Excise Circle, Darri/ Gevra District Korba (C.G.) ... Non-applicant For Applicants : Mr. Aakash AAhuja, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.07.2025 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 applicants who have been arrested in connection with Crime No. 58/2025 registered at Police Station Excise circle Darri/Devra District Korba (C.G.), for the offence punishable under Sections 34(2) & 59(A) of the C.G. Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.02 18:37:30 +0530 2 2. As per the prosecution's story, a raid was conducted on 11.05.2025 near the residence of the accused without a warrant due to urgency. In the presence of witnesses, 57 liters of illegal Mahua liquor was seized from the possession of the accused. The case was registered under Sections 34(1)(a)(b), 34(2), and 59(a) of the Chhattisgarh Excise Act, 2014, and the accused were sent to judicial custody. Considering the seizure of a large quantity of liquor and the statutory bar under Section 59A(2) of the Act, which restricts bail unless the court is satisfied of the accused's innocence and low risk of reoffending, the court found no sufficient basis at this stage to grant bail. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged country made liquor were not seized from the possession of the applicants. The applicants have no criminal antecedents and applicants have been in jail since 11.05.2025 and conclusion of the trial is likely to take quite long time. Therefore, they prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 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, the nature and gravity of the allegations levelled against the 3 present applicants, and also the fact that the applicants have no criminal antecedents and have been in jail since 11.05.2025, and that the conclusion of the trial may take some more time, this Court is of the view that the present applicants are entitled to be released on bail in this case 7. Let the applicants – Durpati Bai and Saraswati Bai, involved in Crime No. 58/2025 registered at Police Station Excise circle Darri/gevra District Korba (C.G.), for the offence punishable under Sections 34(2) & 59(A) of the C.G. Excise Act., be released on bail on furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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