1 2025:CGHC:27708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4862 of 2025 Anil Jain S/o Late Shri Kushal Chand Jain Aged About 56 Years R/o Ram Saptah Gali, Ramsagar Para, P.S. Azad Chowk, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station Excise Circle Moudhapara, Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Chakresh Tiwari, Advocate For Res./State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 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. 41 of 2025 registered at Police Station-Police Station Excise Circle Moudhapara, Raipur, District- Raipur (C.G.), for the offence punishable 2 under Section 34(2), 59(a) of the C.G. Excise Act against the present applicant. 2. Case of the prosecution, in brief, is on 03.06.2025, upon receiving information from the informer the respondent police on 03.06.2025 has searched a residential Flat and found some cartoons containing 2 bottles of blenders pride, ,27 bottles of royal challenge,, 22bottles of royal Stage, 09 bottles of mcdowell No. 1 (750 Mleach) of foreign made liquor total amounting to 59.25 bulk liter. Subsequently the respondent arrested the applicant. Further the chargesheet has been filed. Hence this bail application. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case and the seized articles(contraband) were not seized from the exclusive possession of the present applicant. It is further argued by him that the present applicant has no criminal antecedent. He also submits that the present applicant has been in jail since 03.06.2025 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. 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 3 and the fact that the present applicant has no criminal antecedent. Moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 03.06.2025 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. Let the applicant – Anil Jain involved in Crime No. 41 of 2025 registered at Police Station-Police Station Excise Circle Moudhapara, Raipur, District- Raipur (C.G.), for the offence punishable under Section 34(2), 59(a) of the C.G. Excise Act, 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 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 4 fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 Amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.26 20:18:02 +0530