1 2025:CGHC:45385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5886 of 2025 Lakhan Dahire S/o Itwari Dahire, Aged About 40 Years, R/o Village- Lokband, P.S. - Kota, District- Bilaspur C.G. ... Applicant versus State of Chhattisgarh Through Station House Office Kota, District- Bilaspur C.G. ... Non-Applicant For Applicant : Dr. Arpit Lall, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04/09/2025 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. 671/2025 registered at Police Station - Kota, District- Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story in brief, is that on 01/07/2023, during an investigation of theft, the police of police station Kota received an information from the informant that, Lakhan Dahire, a resident of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.04 19:43:23 +0530 2 Village Lokband has kept a large quantity of country made liquor in the toilet outside of his house for selling illegally. Upon the information from the informant, a raid was conducted in presence of accompanying staff and witnesses and 23 litres Country-made Liquor filled in a white colour plastic bag containing 23 pieces of polyethene bag of 01 litres' capacity, all totalling 23 bulk litres of country made liquor was seized from the toilet of the applicant's house. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has six previous criminal antecedents out of which five cases are disposed of and one case is pending. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 01.07.2025. 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. She further submits that the applicant six previous criminal antecedents. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 six previous criminal antecedents out of which five cases are disposed of and one case is pending, further the charge-sheet has been filed and he is in jail since 01.07.2025. Further, the 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. Accordingly, the bail application is allowed. Let the applicant - Lakhan Dahire, involved in Crime No. 671/2025 registered at Police Station - Kota, District- Bilaspur (C.G.), for the offence punishable under Section 34(2) 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 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 him under Section 269 of BNS. 4 (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. (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 are 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti