1 2025:CGHC:45383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5908 of 2025 Roshan Sarthi S/o Veeru Sarthi, Aged About 18 Years, R/o Ward No. 14, Sarthi Mohalla, Janjgir, P.S.- Janjgir, District- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through The District Magistrate, Janjgir, District- Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Mr. Kunwar lal Sahu, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04/09/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 606/2025 registered at Police Station - Janjgir, District- Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per prosecution story in brief, is that, on 01.07.2025 the Police of Police Station, Janjgir received information through informant that the applicant is searching customers for sale of liquor near Bonga PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.04 19:43:22 +0530 2 Pond, Janjgir. On such information, the police personnel conducted raid and alleged recovered 30 liters Mahua liquor from illegal possession of the applicant. Accordingly the offence U/s 34(2) of Excise Act has been registered and applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has a previous criminal antecedent in Crime No. 184/2025 for the offence under Sections 126 and 135(3) of the B.N.S.S., which is currently pending. Another case, Crime No. 808/2024, registered under Section 36(C) of the Excise Act, pertains to a different person, namely, Roshan Sarthi, son of Krishna Kumar Sarthi, aged about 27 years, as is evident from the judgment dated 25.10.2024. He also submits that the charge-sheet has been filed in the present case, and the applicant has been in judicial custody since 01.07.2025. It is further argued that under Section 34(2) of the C.G. Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one previous criminal antecedent, further the charge-sheet has been filed and he is in jail since 01.07.2025. 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. Accordingly, the bail application is allowed. Let the applicant - Roshan Sarthi, involved in Crime No. 606/2025 registered at Police Station - Janjgir, District- Janjgir-Champa (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh 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 BNS. 4 (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 with law, under Section 209 of BNS. (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 are 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/- (Ramesh Sinha) Chief Justice Preeti