1 2025:CGHC:29228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5012 of 2025 1 - Kailash Baghel S/o Late Budru Ram Baghel Aged About 26 Years R/o Village Choknaar Uparpara, Police Station Karpawand District - Bastar (C.G.) 2 - Bhagwan Singh Baghel S/o Dumar Ram Baghel Aged About 33 Years R/o Village Choknaar Uparpara, Police Station Karpawand District - Bastar (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Karpawand, District - Bastar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Punit Ruparel, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 35/2025 registered at Police Station Karpawand, District-Bastar (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2 2. Case of the prosecution, in brief, is that 22.100 bulk liter English liquor from the joint possession of the applicants and registered the aforesaid offences against the present applicants. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case and 22.100 bulk liters of country made liquor was not seized from the exclusive possession of the applicants. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicants has no criminal antecedents and applicants are in jail since 18.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicants have no criminal antecedents. He further submits that 22.100 bulk liters of the English liquor was recovered from the joint possession of the applicants, therefore, they are 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 applicants and the fact that the applicants have no criminal antecedents , they are in jail since 18.05.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 3 7. Let the applicants – Kailash Baghel and Bhagwan Singh Baghel involved inCrime No.35/2025 registered at Police Station Karpawand, District-Bastar (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on their 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 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 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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali