1 2025:CGHC:46367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6205 of 2025 Rajkumar Verma S/o Baliram Verma Aged About 38 Years R/o Indian Club Chowk, Satbahaniya Gali, Ramkund, P.S. Azad Chowk Raipur (C.G.)) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani 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 applicant who has been arrested in connection with Crime No. 196/2025 registered at Police Station – Azad Chowk, District -Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant. 2. As per prosecution story in brief is that on the date of incident, police has received information by informant that on date of incident, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:21 +0530 2 unknown person have kept illegal liquor to sale and police has seized 8.100 bulk liter country made liquor from place of incident at open place and police has registered a case for offence punishable under section 34 (2) of the Excise Act against applicant and hence this bail application is being preferred before the Hon'ble Court. 3. The applicant has been falsely implicated in the present case and has no nexus with the incident as alleged by the prosecution. he had no knowledge about the seized liquor, which was recovered from an open place accessible to the public. The applicant has been in custody for a considerable period and his prolonged pre-trial detention is causing hardship to his family and affecting his livelihood. There is no prima facie case made out against him, nor any motive or intention to commit the alleged offence. The allegations are false and baseless. The applicant is a permanent resident of the village mentioned in the cause title, with no likelihood of absconding, and he is willing to furnish adequate security and abide by all conditions imposed by this Hon’ble Court, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits, applicant has 1 criminal antecedents, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel 3 for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 16.07.2025 and 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. Let applicant, Rajkumar Verma, involved in Crime No. 196/2025 registered at Police Station – Azad Chowk, District -Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act against the present applicant, be released on bail on furnishing personal bond with two local 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 his 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 his, 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. 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 vaibhav