1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5346 of 2025 Muniram Sidar S/o Sundar Sidar Aged About 50 Years R/o Village- Tibhupali, Police Station- Balauda, District- Mahasamund C.G ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Balauda, District- Mahasamund C.G ... Non-applicant For Applicant : Mr. Rudra Pratap Dubey, Advocate. For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor General, Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2025 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. 46/2025 registered at Police Station : Balauda District - Mahasamund (C.G.) for the offence punishable under Sections 34(2) of C.G. Excise Act. 2. As per prosecution story in brief is that on 31.05.2025 at 11.00 am, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:51 +0530 2 Assistant Sub-Inspector Vijendra Chandniha of Police Station Balouda, along with his staff, during rural patrolling, received information from an informer that a person is waiting for customers to sell hand-made Mahua liquor near the village Khokhepur Gauthan. Based on the above information, the place of incident was reached, cordoned off and on asking the name, the applicant/accused told that he was Muniram Sidar. About 5-5 litres of illegal Mahua liquor was found in 04 plastic polythene bags inside two plastic bags and about 5-5 litres of illegal Mahua liquor was found in 06 plastic polythene bags inside two plastic bags, totaling 50 litres of Mahua liquor worth Rs. 5,000/- from the possession of the applicant/accused. The said liquor was seized from the applicant/accused by preparing a seizure sheet in front of witnesses as the applicant/accused failed to produce any valid documents/license regarding the liquor being in his possession. Accordingly, the alleged offences have been registered and the applicant has been arrested.. 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 present applicant has been made accused only on the basis of suspicion, he has not committed any offence and he is in jail since 31.05.2025, 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 3 submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 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 31.05.2025, 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, Muniram Sidar , involved in Crime No. 46/2025 registered at Police Station : Balauda District - Mahasamund (C.G.) for the offence punishable under Sections 34(2) of C.G. 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 4 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 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