1 2025:CGHC:46359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6280 of 2025 Gautariha Nishad S/o Punit Nishad Aged About 35 Years R/o Village Limtara, Police Station Simga, District - Balodabazar- Bhatapara, (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, Police Station Excise Circle Simga, District - Balodabazar- Bhatapara, (C.G.) ... Non-applicant For Applicant : Mr. Amit Nayak, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 31/2025, registered at Police Station Excise Cricle Simga, District – Baloda-Bazar - Bhatapara (C.G.) for the offence punishable under Sections 34(2) and 59(A) and 36 of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Station Excise Cricle Simga, District – Baloda-Bazar – Bhatapara (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized one piece of blue colour bag containing 175 piece of country made liquor of 180 ml each total 31.500 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.11 13:17:54 +0530 2 bulk liters of illegal liquor from the possession of the present applicant. Thereafter, Police has registered an aforesaid offence against the present applicant. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that the present applicant has four criminal antecedents under the Excise Act, out of which three cases have resulted in acquittal and one case has been disposed of. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant has been in jail since 11.07.2025, the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicant has 04 criminal antecedents of similar nature, shows that the present applicant is a habitual offender, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that, although the present applicant has four criminal antecedents under the Excise Act, out of which three cases have resulted in acquittal and one case has been disposed of, also considering the fact that the charge-sheet has been filed and he has been in jail since 11.07.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Gautariha Nishad, involved in Crime No. 31/2025, 3 registered at Police Station Excise Cricle Simga, District – Baloda-Bazar - Bhatapara (C.G.) for the offence punishable under Sections 34(2) and 59(A) and 36 of the Chhattisgarh Excise 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek