1 2025:CGHC:33493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5542 of 2025 Hargovind Suryavanshi S/o Mathura Prasad Suryavanshi, Aged About 45 Years R/o Sarvan Devri, Recently Residing At Navapara Ratanpur, Police Station Ratanpur District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Excise Circle Kota, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : None For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2025 1. None appears on behalf of learned counsel for the applicant to press this bail application. The applicant is in jail since 27.05.2025, hence this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 36/2025, registered at Police Station : Excise Circle Kota, District RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the C.G. Excise Act. 3. The case of the prosecution, in brief, is that the police of Police Station : Excise Circle Kota, District Bilaspur (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized total 30 bulk liters of mahua liquor from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the C.G. Excise Act against the present applicant. 4. Learned State counsel submits that the charge-sheet has already been filed before the competent Court. She further submits that present applicant has 01 criminal antecedent under the NDPS Act. She also submits that from the possession of the present applicant total 30 bulk liters of mahua liquor was seized, therefore, he is not entitled for grant of bail. 5. I have heard learned State counsel 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 present applicant has 01 criminal antecedent under the NDPS Act and the charge-sheet has been filed before the competent Court and he is in jail since 27.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 3 7. Let the applicant, Hargovind Suryavanshi, involved in Crime No. 36/2025, registered at Police Station : Excise Circle Kota, District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the C.G. Excise Act, be released on bail on furnishing 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 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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan