1 2025:CGHC:42177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5605 of 2025 Sanjay Kumar Nagesiya S/o Ramlal Nagesiya Aged About 27 Years R/o Village Gram Chitapali, Thana Urga, Tehsil Barpali, District Korba Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Excise Circle Korba, District Korba (Chhattisgarh) ... Non-applicant For Applicant : Mr. S.P. Sannat, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Laywer. 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. 63/2025 registered at Police Station – Excise Circle Korba, District - Korba (C.G.), for the offence punishable under Section 34(1)(d)(£), 34(2)(£), & 59(d) of the Excise Act against the present applicant. 2. As per prosecution story, on 26.06.2025, the secret information VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.21 11:53:16 +0530 2 received by the police and on the basis of said information, the police of Police Excise Circle Korba (Internal), District Korba (C.G.), has recovered total 30.5 bulk liter of mahua liquor illicit liquor from the possession of present applicant, therefore the crime has been registered and arrested the present applicant. 3. The applicant is innocent and has been falsely implicated in the present case on the basis of a false and concocted story, as no offence is made out under Sections 34(1)(क)(£), 34(2)(£), and 59(d) of the Excise Act. He has neither committed nor participated in any act constituting the alleged offences. The applicant has been in custody since 26.06.2025 and is the sole earning member of his family. Though he has four criminal antecedents, he is a permanent resident of the address mentioned in the cause title, where he possesses movable and immovable property, and there is no likelihood of his absconding or tampering with prosecution witnesses. He is ready to furnish adequate surety, abide by all conditions imposed by this Hon’ble Court, 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 to the 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 3 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, Sanjay Kumar Nagesiya, involved in Excise Circle Korba, District - Korba (C.G.), for the offence punishable under Section 34(1)(d)(£), 34(2)(£), & 59(d) 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 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. 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 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