1 2025:CGHC:36099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5827 of 2025 Siyaram Bairagi S/o Arjundas Aged About 50 Years Caste Bairagi, R/o Village Dhurkot, P.S. Dabhara, District Sakti, C.G. ... Applicant versus State of Chhattisgarh Through The District Magistrate, District Sakti, C.G. ... Non-applicant For Applicant : Mr. Tapan K. Chandra, Advocate. For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 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. 140/2025 registered at Police Station Dabhara, District Sakti (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that the police of Police Station Dabhara, District Sakti has received a secret information from the informant and on the basis of said information, raid was conducted and seized 22 bulk liters of handmade mahua from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present applicant. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 20:51:03 +0530 2 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and said 22 bulk liters of handmade mahua was not seized from the exclusive possession of the applicant. He further submits that the applicant has only 01 criminal antecedent under the Excise Act. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 06.05.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant has 01 criminal antecedents under the Excise Act, which shows that the applicant is a habitual offender. As such, the present applicant 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 facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further the fact that the present applicant has only 01 criminal antecedent under the Excise Act, moreover, the fact that the charge-sheet has been filed before the competent Court and the applicant has been in jail since 06.05.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Siyaram Bairagi, involved in Crime No. 140/2025 registered at Police Station, Dabhara, District Sakti (C.G.), 3 for the offence 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 his 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 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 4 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 Abhishek