1 2025:CGHC:38416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6084 of 2025 Ramarao Agde S/o Ankul Agde Aged About 46 Years R/o Ward No. 14, Atal Awas Bijapur, District Bijapur C.G. ... Applicant versus State of Chhattisgarh Through Police Station Madded, District Bijapur C.G. ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.08.2025 1. This is the Second 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. 11/2025 registered at Police Station – Madded, District – Bijapur (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act and Section 3/181 of the Motor Vehicle Act. 2. The earlier bail application of the applicant being MCRC No. 5772 of 2025 was dismissed by this Court vide order dated 24.07.2025 on the ground that the present applicant has 02 criminal antecedents under the Excise Act. 3. The prosecution story in brief, is that, as per the secret information ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.05 13:50:08 +0530 2 received from the informant, on the basis of such information, the police officials conducted raid and have seized 15.6 bulk liters liquor from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was dismissed by this Court in MCRC No. 5772 of 2025 vide order dated 24.07.2025, on the ground that the present applicant had two criminal antecedents under the Excise Act. He submits that this second bail application is filed on the ground that the applicant has already been acquitted in the said two criminal cases under the Excise Act, copies of which have also been annexed with the present bail application. He further submits that the present applicant has been in jail since 11.07.2025, and the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case the earlier bail application of the applicant was dismissed by this Court in MCRC No. 5772 of 2025 vide order dated July 24, 2025, on the ground that the applicant had two criminal antecedents under the Excise Act, and now the applicant has been acquitted in the said two cases, as evidenced by the copies of the acquittal orders annexed with the present bail application, further, the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant has been in jail since 11.07.2025, conclusion of the trial may 3 take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Second Bail of the Applicant – Ramarao Agde, involved in Crime No. 11/2025 registered at Police Station – Madded, District – Bijapur (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act and Section 3/181 of the Motor Vehicle Act, be released on bail on furnishing 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 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before 4 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 Abhishek