1 2025:CGHC:37701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5421 of 2025 Naresh Yadav S/o Dharmsingh Yadav, Aged About 44 Years R/o Village Belpara Khamharmuda, Police Station- Patewa, District Mahasamund (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through Officer-In-Charge Of Police Station Patewa District Mahasamund (Chhattisgarh) ... Respondent(s) For Applicant(s) : Mr. Palash Agrawal, Advocate For Respondent(s) : Ms. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 88/2025, registered at Police Station Patewa, District- Mahasamund, (CG) for the offence punishable under Section 34(2) of C.G. Excise Act, 1915. 2. The prosecution story in brief is that on 12.06.2025, the Police Station Patewa, District- Mahasamund received information that a MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.08.01 18:50:45 +0530 2 villager from Village- Bawankera informed that a person from Village- Bawankera had stored a large quantity of illegal liquor under the tamarind tree near the village. Upon verification, it was found that Naresh Yadav of Village- Khamharmuda Belpara, had hidden a large amount of liquor. When asked for his name and address, the person identified himself as Naresh Yadav, resident of village Khamharmuda Belpara. The accused Naresh yadav was found with three blue-colored Rajshree pan masala pouches, and that pouches content 37.080 litre Mahua Liquor. Therefore, the offence was registered under Sections 34(2) of the C.G. Excise Act, 1915 and the applicant was arrested on 12.06.2025 and since then he is in jail. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant has one previous criminal antecedent of under the provision of the C.G. Excise Act, 1915 and the applicant is in jail since 12.06.2025 and the charge sheet has been presented. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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 one criminal antecedent under the provision of Excise Act. He further submits that the 37.080 bulk liters of the country made liquor was 3 recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 two criminal antecedents at Crime No. 72 of 2022 and Crime No. 177 of 2022 and in both the cases he has already been imposed fine and he is in jail since 12.06.2025 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. 7. Let the Applicant- Naresh Yadav, involved in Crime No. 88/2025, registered at Police Station Patewa, District- Mahasamund, (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, 1915 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 4 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 5 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima