1 2025:CGHC:42176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5618 of 2025 Rajesh Kumar Dhuri S/o Babulal Aged About 51 Years R/o Village- Barela, Police Station- Jarhagaon, Distt. Mungei (C.G.). ...Applicant versus State Of Chhattisgarh Through Excise Circle- Mungeli, Distt. Mungeli (C.G.) ... Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/2025 registered at Police Station – Excise Circle - Mungeli, District - Mungeli (C.G.), for the offence punishable under Section 34(1) (A),34(2) & 59(A) of the C.G. Excise Act against the present applicant. 2. As per the case of prosecution that on 26.06.2025 the Sub Inspector Excise Jai Singh Markam received information in respect of the illegal possession of the country made liquor in his house by the applicant and seized liquor from his residential house. It is also alleged that total VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.21 11:53:17 +0530 2 9 bulk liter country made /Foreign liquor recovered by the police and the accused was not in position to explain the possession of the seized liquor and on that crime no. 44/2024 in connection with offence punishable u/s 34 (1)(A), 34 (2), 59 (A) of Excise Act. 3. The applicant is an innocent and reputed person who has been falsely implicated in the case and false seizure memo have been prepared with regard to alleged seizure of liquor. He further submits that the applicant is sole bread earner of the family because of the applicant detention the family is forced to live miserable life and the applicant is in jail since 26.06.2025, Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the charge-sheet has been filed before the competent Court in the present case and that the applicant has one criminal antecedent, 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 submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 26.06.2025 and 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. Let applicant, Rajesh Kumar Dhuri, involved in Crime No. 44/2025 registered at Police Station – Excise Circle - Mungeli, District - 3 Mungeli (C.G.), for the offence punishable under Section 34(1) (A),34(2) & 59(A) of the C.G. 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 his, in accordance 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav