1 2025:CGHC:37718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4965 of 2025 Ashutosh Bhargav S/o Shivnandan Bhargav Aged About 24 Years R/o Village Tikari, P.S. And Tahsil Masturi, District Bilaspur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Police Station Masturi, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Mirza Kaisher Beg, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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 applicant who has been arrested in connection with Crime No. 359/2025 registered at Police Station – Masturi, District - Bilaspur (C.G.), for the offence punishable under Section 34(2) C.G. Excise Act against the present applicant. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:14 +0530 2 2. As per prosecution story in brief, it is alleged that on the applicant that, the police of police staton Masturi, recovered totoal 60 bulk liter handmade mahua liquor from the illegal posseesion of the applicant. In fact the allegation made against the applicant is totally false.s 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits that nothing has been seized from the present applicant and he has no previous criminal antecedent and he is in jail since 09.06.2025, 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 of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and he has no criminal antecedent and he is in judicial custody since 09.06.2025, with the conclusion of the trial likely to take some more time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant - Ashutosh Bhargav, involved in Crime No. 359/2025 registered at Police Station – Masturi, District - Bilaspur (C.G.), for the offence punishable under Section 34(2) C.G. Excise Act against the present applicant, be released on bail on furnishing personal bond 3 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 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 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 4 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 vaibhav