1 2025:CGHC:42178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5593 of 2025 Rohit Masih S/o Marshal Masih, Aged About 18 Years R/o Village Bishrampur, Police Station Simga, District Balodabazar Bhatapara Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Excise Circle Simga, District Balodabazar Bhatapara Chhattisgarh (Details Of Non Applicant Property Not Mentioned In Cause Title Of The Impugned Order Sheet) ... Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri 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. 27/2025, registered at Police Station - Excise Circle Simga District - Balodabazar- Bhatapara, (C.G.) for the offence punishable under Section 34(2), 59(A) & 36 of the C.G. Excise Act. 2. As per prosecution story in brief, on 26.06.2025 a secret information was received by inspector of Police Station Excise Circle, Simga, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.21 11:53:15 +0530 2 District Balodabazar - Bhatapara (C.G). that present applicant has stored illegal liquor and during investigation it was found that in Two piece of plastic bag 132 piece of 180 ml each country made liquor was stored and Total 23.760 bulk liter country made liquor was recovered from the possession of the present applicant it is alleged that applicant is the owner of the seized liquor on this basis the above the police has registered the case against present applicant. 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 26.06.2025, 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 also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the possession of the present applicant 23.760 bulk liters country made liquor was seized, therefore, he is not entitled for 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 considering the fact that the charge-sheet has been filed and he has 3 been in jail since 26.06.2025 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, Rohit Masih, involved in Crime No. 27/2025, registered at Police Station - Excise Circle Simga District - Balodabazar- Bhatapara, (C.G.) for the offence punishable under Section 34(2), 59(A) & 36 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 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 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 4 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