1 2025:CGHC:36235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5841 of 2025 Bhuneshwar Urf Bhunnu Yadav S/o Kunwar Yadav Aged About 24 Years R/o Lohiya Nagar, Balodabazar, District- Balodabazar - Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. City Kotwali Balodabazar, District- Balodabazar - Bhatapara (C.G.) (Name Of P.S. Not Mentioned Properly In The Order-Sheet) ... Respondent(s) (Cause-title taken from Case Information System) For Applicant(s) : Mr. Tanuj Patwardhan, Advocate For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.612/2025, registered at Police Station City Kotwali Balodabazar, District- Balodabazar - Bhatapara (C.G.) for the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 offences punishable under Sections 34(2) of the Excise Act. 2. The case of the prosecution, in brief, is that, on 12/06/2025, on the basis of information received from the informant to head-constable, P.S. City Kotwali Balodabazar staff reached Abdul Kalam Nagar Nala bridge risda road as mentioned by the informer where they confiscated 5.760 bulk litre of country made liquor. The police issued notice under Section 94 of B.N.S.S. to the accused, but no documents was submitted by the accused with respect to confiscated liquor. On the basis of which the applicant was arrested by the police of Police Station City Kotwali Balodabazar, Dist- Balodabazar-bhatapara (C.G.), for the alleged offence punishable under Section(s) 34(2) of the C.G. Excise Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is languishing in jail since 12.06.2025, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submits that so far as criminal antecedents of the applicant is concerned, he has only one pervious criminal antecedent under the Excise Act which is still pending against him. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that 3 the applicant has only one previous criminal antecedents registered against him and the charge-sheet has already been filed. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that applicant has only one pervious criminal antecedent registered against him, charge-sheet has already been filed and he is in jail since 12.06.2025 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Bhuneshwar urf Bhunnu Yadav, involved in Crime No.612/2025, registered at Police Station City Kotwali Balodabazar, District- Balodabazar - Bhatapara (C.G.) for the offences punishable under Section 34(2) of the C.G. 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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. 7. 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 Kunal