1 2025:CGHC:37720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4957 of 2025 Uttara Kumar Sonwani S/o Dayaram Sonwani Aged About 53 Years R/o Potiya Bhatha, Police Station Potiya, Tehsil Dhamdha, District Durg Chhattisgarh ...Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Excise Circle Dhamdha, District Durg Chhattisgarh. ... Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-Applicant/State : Mr. Sakib Khan, 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. 28/2025 registered at Police Station – Excise Circle Dhamdha, District - Durg (C.G.), for the offence punishable under Section 34(2) C.G. Excise Act against the present applicant. 2. As per prosecution story in brief, it is alleged that on 05.05.2025 a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:12 +0530 2 secret information was received by inspector of Police Station Excise Circle Dhamdha, District Durg (C.G). that present applicant has stored illegal liquor and during investigation it was found that in one piece of yellow colour Sack 40 piece of country made masala Shole liquor of 180 ml each Total 7.2 bulk liter illegal liquor worth rupees 4000/- was recovered from the possession of the present applicant it is alleged that applicant is the owner of the seized liquor and then notice U/s 94 of B.N.S.S has been given to the accused but no valid documents has presented by the accused and on this basis the above the police has registered the case against present applicant. Hence this bail application on following grounds. 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 06.05.2025, 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 and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits, applicant has 1 criminal antecedents, therefore, he is not entitled for grant of regular bail. 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 3 present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 06.05.2025, 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, Uttara Kumar Sonwani, involved in Crime No. 28/2025 registered at Police Station – Excise Circle Dhamdha, District - Durg (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 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 4 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 vaibhav