1 2025:CGHC:38852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6148 of 2025 • Duleshwar Yadu S/o Motiram Yadu Aged About 40 Years R/o Village Barbhatha, P.S. Fingeshwar, Distt. Gariyaband C.G. ... Applicant versus • State Of Chhattisgarh Through Police Station Fingeshwar, Distt. Gariyaband C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pragalbha Sharma, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025 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.163/2025 registered at Police Station Fingeshwar, District- Gariyaband (C.G.) under Sections 34(2) of C.G Excise Act. 2. Case of the prosecution, in brief, is that the police of police station Fingeshwar received a secret information was received on 10.06.2025 that, the applicant is carrying two sack of liquor near village VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 11:24:18 +0530 2 Barbhatha for sale, police conducted the raid and seized 200 quarters (180 ML each) of country made liquor total 36 bulk liters. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 36 bulk liters of Mahua liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has three criminal antecedents, in which two cases are pending for its conclusion. The applicant is in jail since 10.06.2025 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 would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three criminal antecedents bearing crime No. 81 of 2017 registered at police Station Fingeshwar for the offence under Sections 376, 506 of IPC, which is disposed of, in crime No.306 of 2024 registered at police Station Fingeshwar for the offence under Section 304(2) of IPC and in crime No. 80 of 2021 registered at police station Fingeshwar for the offence under Sections 294, 506 r/w 34 of IPC, both cases are pending for its conclusion. He further submits that 36 bulk liters Mahua liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 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 3 fact that the applicant has three previous criminal antecedents under the IPC, out of which one case is disposed of and remaing two cases are pending for its conclusion and applicant is on bail in both cases, he is in jail since 10.06.2025, 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. Let the applicant –Duleshwar Yadu, involved in Crime No.163/2025 registered at Police Station Fingeshwar, District- Gariyaband (C.G.) under Sections 34(2) of 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 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 4 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 forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali