1 2025:CGHC:42175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5625 of 2025 Ravindra Kumar Puri S/o Shyamlal Puri Aged About 39 Years R/o Tinkhutti Amadand, Police Station Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pendra, District Gaurela-Pendra-Marwahi Chhattisgarh ... Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2025 1. 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. 210/2025, registered at Police Station - Pendra, District - Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2. As per the bail rejection order, the prosecution story in short is that on 23.06.2025, ASI, Sahas Ram Rajak lodged a report to the Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.21 11:53:16 +0530 2 Station Pendra to the effect that raid was conducted after receiving information from the informant at Puri Dhaba at Tinkhutti Amadand and they seized 117 piece foreign Gowa Whisky, total 21 liter 60ml illicit liquor from the Courtyard of the said Dhaba and further recovered Rs. 3130/-additionally, which was the collection after the selling of liquor. It is further said that crime was registered u/s 34(2) of the Excise Act and the present applicant was arrested on 23.06.2025 at about 12:50. 3. The applicant is innocent and has no connection with the prosecution case. He further submits that nothing has been seized from the present applicant and he has no previous criminal antecedents. He further submits that the applicant has been arrested only on the basis of doubt and he is in jail since 23.06.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application and, while endorsing the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents, submits that the charge-sheet has already been filed before the competent Court. She further submits that 21 liters and 60 ml of illicit liquor were recovered from the possession of the present applicant, therefore, he is not entitled to the grant of bail 5. I have heard learned counsel 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 has no previous antecedents and also 3 considering the fact that the charge-sheet has been filed and he has been in jail since 23.06.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Ravindra Kumar Puri, involved in Crime No. 210/2025, registered at Police Station - Pendra, District - Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Section 34(2) of the Excise Act, 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 her 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 him 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 4 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav