1 2025:CGHC:38111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6068 of 2025 • Shyam Lal S/o Hariram Aged About 80 Years R/o Village- Salhewara, Police Station - Gatapar, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Applicant versus • State Of Chhattisgarh Through The P.S. Gatapar, District- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajedra Patel, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/08/2025 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. 41/2025 registered at Police Station- Gatapar, District- Khairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that he police has received secret information through informant is that on the date of incident VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.05 10:45:37 +0530 2 24.06.2025 the applicant has kept illegal liquor in his house and police has seized 14.760 bulk litres country made liquor from place of incident 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 Excise Act against the applicant and after rejecting bail application of the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 14.760 bulk litres 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 five criminal antecedent, out of which only one case is pending against the present applicant. The applicant is in jail since 24.06.2025 and he is aged about 80 years, 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 not been filed in the present case before the competent Court and the applicant has five criminal antecedents, in which one case under the Excise Act, is pending against the present applicant. He further submits that 14.760 bulk litres 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and, he is in jail since 24.06.2025, further the conclusion of the trial may take some more time, looking to the age of present applicant, who is 3 aged about 80 years old, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Shyam Lal, involved in Crime No. 41/2025 registered at Police Station-Gatapar, District- Khairagarh- Chhuikhadan-Gandai (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on their 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 with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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. Learned State counsel assures the Court that the investigation and charge-sheet would be submitted soon before the competent Court. 9. Considering the fact that if the charge-sheet is submitted against the applicant, the trial Court shall conclude the trial as early as possible from the date of filing of the charge-sheet in accordance with law, if there is no any legal impediment. 10. 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 vaishali