1 2025:CGHC:47794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6380 of 2025 Pardesi Dansena S/o Jeevanlal Dansena Aged About 39 Years Caste Kalar, R/o Barbhauna, P/S Chhal, Distt. Raigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station - Chhal, Distt. Raigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Shikhar Agnihotri, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 130/2025 registered at Police Station- Chhal, District – PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.18 18:53:57 +0530 2 Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act. 2. The prosecution story, in short, is that on 20.07.2025, Head Constable Shankar Singh, while on patrol duty, received information from an informer that Pardeshi Dansena, near the Mand River in Village Barbhauna, was illegally storing 30 litres of raw Mahua liquor for sale. Upon investigation, one black plastic jerrycan of 30-litre capacity containing approximately 25 litres of hand-made Mahua liquor, valued at Rs.2,500/-, and one yellow plastic jerrycan of 5-litre capacity containing approximately 5 litres of hand-made Mahua liquor, valued at Rs.500/-, were recovered from the possession of Pardeshi Dansena. When the accused was served notice to produce valid documents pertaining to the said liquor, he failed to do so. Consequently, the liquor was seized, and a First Information Report was registered under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act in Crime No. 130/2025, and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has three previous criminal antecedents, out of which two are under the Excise Act and one is under an Istgasa, however, in all these cases, the applicant has been acquitted. The same has been explained in paragraph No. 4(A) of this bail application. He also submits that the charge-sheet has been filed in the present case and the applicant is in jail since 20.07.2025. It is further argued by him that under Section 34(2) of the C.G. 3 Excise Act, minimum punishment is one year and maximum punishment is three years and 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 opposes the bail application and submits that the charge-sheet has been filed 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 applicant and the fact that the applicant has three previous criminal antecedents, out of which two are under the Excise Act and one is under an Istgasa, however, in all these cases, the applicant has been acquitted, further the charge-sheet has been filed and he is in jail since 20.07.2025. Further, the 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. Accordingly, the bail application is allowed. Let the applicant - Pardesi Dansena, involved in Crime No. 130/2025 registered at Police Station- Chhal, District – Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 BNS. (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 BNS. (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 are deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse 5 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti