1 2025:CGHC:46360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6276 of 2025 1. Kesho Markande S/o Samaru Markande Aged About 20 Years R/o Village Patori, Fingeshwar Police Station- Fingeshwar, District Gariyabandh, (C.G) 2. Raju Satnami S/o Balram Satnami Aged About 27 Years R/o Village Patori, Fingeshwar Police Station- Fingeshwar, District Gariyabandh, (C.G) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station- Fingeshwar, District Gariyabandh (C.G) ... Non-applicant For Applicants : Mr. Aishwary Diwan, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 220/2025 registered at Police Station Fingeshwar, District Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution case, on 18.07.2025, the police of Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.11 13:17:53 +0530 2 Fingeshwar, District Gariyaband, received an information and on the basis of the said information conducted a raid and seized 15 bulk liters of country made liquor from the joint possession of the applicants. Thereafter, the co-accused persons were arrested for the alleged offence. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case, and the alleged country-made liquor was not seized from the possession of the applicants. He submits that the applicant No. 01 has no criminal antecedent and applicant No. 02 has 01 criminal antecedent under the Excise Act. He also submits that the present applicants are in jail since 18.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that from the possession of the present applicants 15 bulk liters of country made liquor has been seized, therefore, they are not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants and the fact that the applicant No. 01 has no criminal antecedent and applicant No. 02 has 01 criminal antecedent under the Excise Act, moreover, the fact that the charge-sheet has been filed before the competent Court and they have been in jail since 18.07.2025 and conclusion of the trial may 3 take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Kesho Markande and Raju Satnami, involved in Crime No. 220/2025 registered at Police Station Fingeshwar, District Gariyaband (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, 4 (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 applicants 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 them in accordance with law. 8. 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