1 2025:CGHC:31303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5240 of 2025 Devcharan Banjare S/o Chinta Ram Banjare, Aged About 40 Years R/o Village Muktaraja, Police Station Baradwar, District Sakti Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Baradwar, District Sakti Chhattisgarh ... Respondent For Applicant : Shri Dharmesh Shrivastava, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 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 applicant who has been arrested in connection with Crime No.103/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.09 18:37:39 +0530 2 Baradwar, District - Sakti (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 03.05.2025 Police Station - Baradwar received a secret information that the present applicant/accused has kept illicit country made mahua liquor in his possession for selling. On the basis of secret information, police conducted a raid whereby the present applicant was found to be in possession of illicit handmade country (Kachchi Mahua) liquor which were kept in 05 yellow colour plastic jericanes containing 5 liters in each and some plastic bottles containing 01 liter in each, thus total quantity of handmade country (Kachchi Mahua) liquor was 26 bulk liters. The present applicant was arrested and his arrest was informed to his family members, first information report was registered against him, spot map was prepared, statement of the witnesses were recorded, the liquor and cash amounting to Rs. 2600/- were seized from the present applicant but the charge- sheet has not been filed, though investigation has been completed and matter is further being investigated by the police of Police Station - Baradwar, District - Sakti (C.G.). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 26 bulk liters of handmade country (Kachchi Mahua) liquor was not seized from the exclusive possession of the applicant. 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 3 applicant has five criminal antecedents out of which in two cases he has been acquitted, two cases are disposed of and one case is pending which is under the Excise Act, the applicant is in jail since 03/05/2025, charge sheet has been filed 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 applicant has five criminal antecedents out of which one case under the Excise Act is pending. He further submits that 26 bulk liters of handmade country (Kachchi Mahua) liquor was recovered from the possession of the applicant, therefore, he is 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 applicant and the fact that the applicant has one criminal antecedent pending under the Excise Act, he is in jail since 03/05/2025 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 applicant is entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the applicant -Devcharan Banjare, involved in Crime No.103/2025 registered at Police Station Baradwar, District - Sakti (C.G.) for the offence punishable under Section 34(2) of 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 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 5 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 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 gouri