1 2025:CGHC:39974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5358 of 2025 Bangala Saidulu S/o Yalayah Saidulu, Aged About 40 Years R/o - Village - Gudiward, Police Station- Khetapalli, District - Nalgonda (Telangana), Present R/o - Village - Khapridih, Police Station - Kalahandi, District - Navrangpur (Odisha) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Devbhog, District - Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Laywer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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. 174/2025 registered at Police Station – Devbhog, District -Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 2. The prosecution case is that on the date of incident i.e. on 17/06/2025, some information being received to the Police Station that the present VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.11 14:41:41 +0530 2 accused/applicant possessed illicit Liquor. On that the Police Officers raided on the spot where the applicant was kept the illicit liquor of more than 05 liter i.e. 50 liter was seized from the present applicant, thereafter, police officer has registered an offence punishable under section 34 (2) of C.G. Excise Act. 3. The applicant is innocent, has no criminal background, and is the sole breadwinner of his family with small children to support. The alleged liquor was not seized from his actual or exclusive possession but from an open place accessible to anyone, with no allegation of risk to human life. The place of seizure was not under his control, and there is no cogent evidence linking him to the offence. He has been in custody since 18.06.2025, causing grave hardship to his family, while the challan has already been filed and there is no possibility of absconding, tampering with evidence, or influencing witnesses. No offence under Section 34(2) of the C.G. Excise Act is made out against him, and under these facts and circumstances, he deserves to be released on bail, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the charge-sheet has been filed in the present case before the competent Court, and that he could not produce the criminal antecedents of the applicant in the State of Odisha. 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 3 for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 18.06.2025 and 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 applicant, Bangala Saidulu, involved in Crime No. 174/2025 registered at Police Station – Devbhog, District - Gariyaband (C.G.), for the offence punishable under Section 34(2) of the 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 shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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