1 2025:CGHC:46372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5837 of 2025 Vasudev Bairagi S/o Late Tareshwar Das Bairagi, Aged About 23 Years R/o House No. 555, Ward No. 29, Lakholi, Rajeev Nagar, P.S.- Kotwali, Tehsil And Dist.- Rajnandgaon (C.G.) ...Applicant versus State Of Chhattisgarh Through P.S.- Kotwali, Dist.- Rajnandgaon, Chhattisgarh ... Non-applicant For Applicant : Mr. Sumit Singh, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Laywer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 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. 331/2025 registered at Police Station – Kotwali District - Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 2. The prosecution case in brief is that, on 29.06.2025 Sub Inspector VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:22 +0530 2 Baldau Chandrakar of Kotwali Police station received information from an informer that a person named Vasudev Bairagi is illegally selling liquor in his Pan Cart in front of Hasan Kabadi's shop on the road to Sun city colony. To verify the above information, he reached the spot along-with his staff and witnesses. Further, apprehending the applicant Vasudev, they conducted a search of the yellow and white plastic bags kept with him and recovered 17 Quarters of Sholay Desi Liquor each filled with 180 ml, total 3.060 bulk worth Rs. 1,360/- and also 17 Quarters of whiskey, each filled with 180 ml, total 3.060 ml worth Rs. 2,040/-. On being asked to produce valid documents with respect to possession of liquor, the applicant did not have any document, thereafter liquor was seized in the presence of witnesses and applicant was arrested. 3. The applicant is innocent and has been falsely implicated in the present case. No seizure proceedings have been conducted against him, and he was in lawful possession of liquor. He has not committed any offence punishable with death or life imprisonment. The applicant, who has been in custody since 29.06.2025, is the sole breadwinner of his family, and his continued detention is causing great hardship to them. The ingredients of the alleged offences are not made out, and bail being the rule and jail the exception, he is entitled to have his application considered. The applicant is a permanent resident with both movable and immovable property at the address mentioned in the cause title, leaving no possibility of absconding, and he is ready to furnish adequate security and abide by any conditions imposed by this Hon’ble Court. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits, applicant has 2 criminal antecedents, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that he is in jail since 29.06.2025 and the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vasudev Bairagi, involved in Crime No. 331/2025 registered at Police Station – Kotwali District - Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, 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 4 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. (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