1 2025:CGHC:9176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 372 of 2025 Laxminarayan Verma S/o Rupchand Verma Aged About 60 Years R/o Village Jalso, Kali Mohalla, Police Station Koni, District – Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Koni, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ujjwal Choubey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21/02/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 561/2024 registered at Police Station – Koni, District – Bilaspur (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the applicant having in white plastice bag in a 3 pieces 15-15 liters capacity of white colour of plastic Jeriken total 45 liters handmade Mahuwa liquor (each 15 liters) without PREETI KUMARI Digitally signed by PREETI KUMARI 2 valid document kept in his possession and the above article has been seized from the possession of the present applicant. On the basis of such complaint, the concerned Police of Police Station – Koni, District – Bilaspur investigated the matter and registered the Crime No. 561/2024 for an offence punishable under Sections j34(2) and 59(A) of the Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is having two previous criminal antecedents of a similar nature, one of which was disposed of in the National Lok Adalat and one case is pending. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 29.12.2024. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the applicant has two previous criminal antecedents. He further submits that total 45 liters handmade Mahuwa liquor seized from possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 is having two previous criminal antecedents of a similar nature, one of which was disposed of in the National Lok Adalat and one 3 case is pending, the charge-sheet has been filed and he is in jail since 29.12.2024. 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. Accordingly, the bail application is allowed. Let the applicant- Laxminarayan Verma, involved in Crime No. 561/2024 registered at Police Station – Koni, District – Bilaspur (C.G.), for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act., 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 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 sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (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 4 initiate proceedings against him, in accordance with law, under Section 209 of BNS. (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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti