1 2025:CGHC:31399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5267 of 2025 Om Prakash Sahu S/o Shyamlal Sahu Aged About 28 Years R/o Ward No. 2, Kuliya Komakhan Bagbahra, Mahasamund, District- Mahasamund C.G. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Ganj, District- Raipur C.G. ... Non-applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.07.2025 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. 106/2025 registered at Police Station : Ganj District – Raipur (C.G.) for the offence punishable under Sections 34(2) Excise Act. 2. The prosecution's case is that on 25.04.2025 at police Station Ganj Raipur an information was received through an informant that in front VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 14:46:19 +0530 2 of Ganjpara Ahata Raipur, the present applicant was in possession of a Red Colour Vimal Paan Masala Bag, wherein 120 pieces of Country Spiced liquor and in a Blur Rajshree Paan Masala Bag 120 pieces of Country Spiced liquor, total 140 Country Spiced liquor was found inside both the bags each bottle was of 180ml, total 43.200 bulk liquor amounting to Rs. 24,000/- was found. In context of the aforesaid the present applicant was given a notice U/s 94 of B.N.S.S. 2023, but the applicant failed to provide any documentation with regard to the Alcohol found in his possession. On the basis of the above facts and circumstances offence U/s 34(2) of the Chhattisgarh Excise Act was registered against the present applicant under the crime no. 106/2025 by the police of Police Station Ganj, District Raipur (C.G.) and after completion of the investigation charge sheet has been filed before the concern Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant had neither committed nor participated in the above said crime. He further submits that the place of incident nor he was in the possession of any country spiced liquor and he is in jail since 25.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 25.04.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Om Prakash Sahu, involved in Crime No.106/2025 registered at Police Station : Ganj District – Raipur (C.G.) for the offence punishable under Sections 34(2) Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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. 4 (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 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