1 2025:CGHC:34063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5640 of 2025 Haldhar S/o Shobhit Aged About 45 Years Caste- Col, R/o Sarai Dafai, Ledri, Police Station Jhagrakhand, Tehsil Manendragarh, District- Manendragarh Chirmiri Bharatpur C.G. ... Applicant versus State of Chhattisgarh Through Excise Sub-Inspector Circle Manendragarh, District- Manendragarh Chirmiri Bharatpur C.G. ... Non-Applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Advocate. H on’ble Shri Ramesh Sinha, Chief Justice Order on Board 18/07/2025 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. 154/2025 registered at Police Station - Excise Sub-Inspector Circle Manendragarh, District - Manendragarh- Chirmiri Bharatpur (C.G.), for the offence punishable under Sections 34(1)(A), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 18:45:26 +0530 2 2. According to the prosecution, on 07.02.2025, based on information from a mukhbir (informant), 349.2 liters of liquor were seized from an abandoned Bolero vehicle in a public place near Bridge Police Station, Palakimada Road, Manendragarh, District M.C.B. (Chhattisgarh). The investigation revealed that the Bolero vehicle bearing registration No. M.P. 65 T-0129 was registered in the name of Sabnam Khan, residing in Prem Nagar, South Jhagrakhand. During the investigation, Sabnam Khan initially claimed that the vehicle had been stolen by unknown persons and submitted an application to Jhagrakhand Police Station on 11.03.2025. However, it was later discovered that this claim was false, and Sabnam Khan had actually given the vehicle to Tausif Raza @ Danish on rent. When questioned, Tausif Raza @ Danish stated that he had taken the vehicle on rent and, due to poor health, had allowed the applicant to drive it. Consequently, the applicant was arrested, and a charge sheet was filed under sections 34(1)(A), 34(2), 36, 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 only on the basis of the memorandum statement, he has been falsely implicated in the present case. He further submits that the applicant is neither the owner of the vehicle in question nor he was arrested along with the liquor in vehicle and he also submits that the applicant has no previous criminal antecedents, further the charge-sheet has been filed in the present case and the applicant is in jail since 08.06.2025. 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. 3 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the statement of the owner of the vehicle was recorded and stated that he has given the vehicle in question on rent to the applicant, but there is no documentary evidence to corroborate the said fact. 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 statement of the owner of the vehicle was recorded and stated that he has given the vehicle in question on rent to the applicant, but there is no documentary evidence to corroborate the said fact, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 08.06.2025. 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 - Haldhar, involved in Crime No. 154/2025 registered at Police Station - Excise Sub-Inspector Circle Manendragarh, District - Manendragarh Chirmiri Bharatpur (C.G.), for the offence punishable under Sections 34(1) (A), 34(2), 36 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 she 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 4 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 her absence, without sufficient 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 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 sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office 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