1 / 4 2025:CGHC:34246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4665 of 2025 Abdul Basir Khan @ Najju S/o Abdul Nasib Khan Aged About 51 Years Resident Of Near Bazar Chowk, Siltara, P.S. Dharsiwa, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Dharsiwa, District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 255/2025, registered at Police Station : Dharsiwa District – Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. That, as per prosecution story in brief is that on the date of incident, police has received information by informant that unknown person VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.21 11:04:03 +0530 2 / 4 have kept illegal liquor to sale and police has seized 18.900 bulk liter country made kachchi Mahua liquor from possession of the applicant at open place and police has registered a case for offence punishable under section 34 (2) of the Excise Act against applicant and hence this bail application is being preferred before the Hon'ble Court. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. she further submits that police has not seized any article from the possession of the applicant because police has seized liquor at open place. She further submits that allegation narrated by the prosecution made against the applicant is false and baseless and he is in jail since 28.05.2025, Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that from the possession of the present applicant 18.900 bulk liquor country made Kachchi Mahua liquor was seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and she has been in jail since 28.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Abdul Basir Khan @ Najju, involved in Crime No. 3 / 4 255/2025, registered at Police Station : Dharsiwa District – Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act, 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 her 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 him 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 4 / 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav