1 2025:CGHC:33850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5608 of 2025 Rameshwar Gond S/o Shri Meghnath Gond Aged About 26 Years R/o Village Ghatmadwa Dera, P.S. Gidhouri Tundra, District - Balodabazar- Bhatapara (C.G.) ... Applicant versus The State of Chhattisgarh Through Station House Officer Police Station Gidhouri District - Balodabazar- Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. H on’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/07/2025 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. 138/2025 registered at Police Station - Gidhouri, District - Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 14.06.2025 the Police of Police Station Gidhouri received the information from the informant with the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 17:56:35 +0530 2 averment that the applicant has kept the liquor for the purpose of selling in his house so the Police has made the search and alleged to be seized 40 bulk liters country made mahua liquor which was kept in 4 jerricanes and arrested the applicant, after completing the investigation charge-sheet is filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent under the Excise Act in which he was acquitted on 23.04.2023 by JMFC, Bilaigarh. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 14.06.2025. 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. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that that total 40 bulk liters country made mahua liquor was 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 the applicant has one previous criminal antecedents in which he was acquitted, further the charge-sheet has been filed and he is in jail since 14.06.2025. Further, the conclusion of the trial may take some more time, 3 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 - Rameshwar Gond, involved in Crime No. 138/2025 registered at Police Station - Gidhouri, District - Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 34(2) 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 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. 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 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