1 2025:CGHC:48188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6105 of 2025 Tulsiram Sethiya S/o Butiram Sethiya Aged About 27 Years R/o Lohdiguda, Distt- Bastar (C.G.) ...Applicant versus State Of Chhattisgarh Through The Police Station Out-Post Smriti Nagar, P.S. Supela, Bhilai District- Durg (CG) ... Respondent For Applicant : Shri Jitendra Shukla, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.654/2025 registered at Police Station Out-Post Smriti Nagar, P.S. Supela, Bhilai District Durg (CG) for the offence punishable under Section 34(2) of Excise Act. 2. Case of the prosecution, in brief, is that Mr. Gurvindar Singh Sandhu (Sub-Inspector), Out-Post Smriti Nagar, P.S. Supela, Bhilai District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.19 17:34:59 +0530 2 Durg (CG) has got a secret information on 02.06.2025 that a person kept liquor in his Inova car No. CG 07 AX 8919 and transferring the liquor in another White Colored car Toyota Karola DL 7 CG 6775, the police has done raid and found 6 cartoon English Goa in DL 7 CG 6775 and 40 cartoon peti English Goa in car No. CG 07 AX 8919 total 64 peti i.e. 2300 piece total 414 Bulk Litter of illegal liquor seized by the police registered the crime no. 654 / 2025 on same day i.e. 02.06.2025 and during investigation on memorandum of Shourya Singh; on 05.06.2025 the present applicant has been arrested by the police for offence punishable under section 34(2) of Excise Act. 3. Learned counsel for the applicant submits that the present applicant is innocent person, who has been falsely implicated in this case and the police has seized the liquor from an open car on 02.06.2025 and the present applicant has been arrested on 05.06.2025 on the basis of another co-accused namely Shourya Singh, which is illegal. He would submit that as per the allegation of the prosecution, the present applicant was neither present at the time of incident nor the liquor was seized from exclusive possession of the present applicant. He would submit that the incident has taken place on 02.06.2025 and the police has arrested the present applicant on 05.06.2025. He would submit that no seizure has been made from the exclusive possession of the present applicant, and only on the basis of memorandum statement of other co-accused Shourya Singh, applicant has been implicated in this case. He would submit that applicant is in jail since 05.06.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would submit that 414 bulk litres of illegal liquor has been recovered from co-accused Shourya Singh and not from the present applicant and the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, considering the fact that 414 bulk litres of illegal liquor has been recovered from co- accused Shourya Singh and not from the present applicant, charge sheet has been filed in this case, period of detention of the applicant since 05.06.2025, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Tulsiram Sethiya, involved in Crime No.654/2025 registered at Police Station Out-Post Smriti Nagar, P.S. Supela, Bhilai District Durg (CG) for the offence punishable under Section 34(2) of 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 4 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 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 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri