1 2025:CGHC:35861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5786 of 2025 Satish Gupta S/o Arvind Gupta Aged About 28 Years R/o Deen Dayal Upadhyay Ward No. 19 Jagdalpur P.S. Bodhghat, District - Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Bhanpuri, District - Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/07/2025 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. 33/2025 registered at Police Station Bhanpuri, District - Bastar, for the offence punishable under Sections 34(2), 43 of of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that Police of Police Station – Bhanpuri, District – Bastar (C.G.) have seized total 528.5 bulk liters of liquor from the possession of the co-accused, namely, Ranjeet PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.25 12:05:53 +0530 2 Vishwakarma and on the basis of his memorandum statement made the present applicant an accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant that the co-accused, namely Ranjeet Kumar Gupta, had filed a bail application in MCRC No. 4123/2025, which was rejected by this Court on 27.05.2025. Thereafter, he preferred SLP No. 9248/2025 against the said order, and the Hon'ble Apex Court granted him bail on 04.07.2025. Further, the applicant has no previous criminal antecedents, the charge-sheet has been filed in the present case and the applicant is in jail since 07.07.2025. 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 and submits that the charge-sheet has been filed in the present case. 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 co-accused, namely Ranjeet Kumar Gupta, had filed a bail application in MCRC No. 4123/2025, which was rejected by this Court on 27.05.2025, thereafter, he preferred SLP No. 9248/2025 against the said order, and the Hon'ble Apex Court granted him bail on 04.07.2025, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 07.07.2025, further, the conclusion of the 3 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. Accordingly, the bail application is allowed. Let the applicant - Satish Gupta, involved in Crime No. 33/2025 registered at Police Station Bhanpuri, District - Bastar, for the offence punishable under Sections 34(2), 43 of 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