1 2025:CGHC:36915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5940 of 2025 K. Malik Arjun Rao S/o Late K.P. Raju, Aged About 49 Years R/o Kumharpara, Jagdalpur District Bastar (C.G.) (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Bastar, Jagdalpur, District Bastar (C.G.) ... Non-applicant For Applicant : Ms. Vaishali Jeswani, Advocate. For Non-applicant/State : Mr. S.S. Obeja, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.07.2025 Heard. 1. Learned counsel for the applicant submits that she has filed her Vakatlatnama, today itself. 2. 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. 62/2025 registered at Police Station :Bastar Jagdalpur District - VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.29 18:57:45 +0530 2 Jagdalpur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act of B.N.S. 2023. 3. As per prosecution story in briefly is that the police has received secret information through informant is that on the date of incident i.e. 31.05.2025 the unknown person has kept illegal liquor in his possession to sell and police has seized 34.380 bulk liters foreign liquor from place of incident at open place and he did not produce any document of seized liquor and hence police has registered a case for offence punishable under section 34(2) of the Chhattisgarh Excise Act against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant had neither committed nor participated in the above said crime. He further submits that the present applicant has been made accused only on the basis of suspicion, he has not committed any offence and he is in jail since 31.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and 3 gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 31.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, K. Malik Arjun Rao, involved in Crime No. 62/2025 registered at Police Station :Bastar Jagdalpur District - Jagdalpur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act of B.N.S. 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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. 9. 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