1 2025:CGHC:47788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6541 of 2025 Lakhan Joshi S/o Laxmi Prashad Joshi Aged About 34 Years R/o Gram Kesla, Police Station Pamgarh, Janjgir-Champa C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Mulmula, District Janjgir-Champa C.G. ... Non-applicant(s) For Applicant : None For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.09.2025 1. None appeared nor any representation made on behalf of the applicant to press this bail application when the case is called out. 2. 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. 194/2025, registered at Police Station : Mulmula District- Janjgir- Champa (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. The case of the prosecution, in brief, is that the Police of Police Station Mulmula, District- Janjgir-Champa (C.G.), received a secret information from the informant that the present applicant has travelling in his bike and has kept illegal liquor for selling purposes and on the basis of such information, the police officials reached near conducted raid and have seized 10.800 liters of Mahua liquor from the possession of the applicant. Thereafter, Police has registered an offence punishable under Sections 34(2) of the C.G. Excise Act against the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has three criminal antecedent under the Excise Act which has been explained in the bail application however, all three cases have been disposed of, further the quantity of liquor seized from the possession of the present applicant i.e. 10.800 liters of Mahua liquor and as such he is a habitual offender therefore, he 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has three criminal antecedents under the Excise Act and all three cases have already been disposed of which has been explained in the bail application of para No.4(A) and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the 3 applicant i.e. 10.800 liters of Mahua liquor and he is in jail since 12.07.2025 and 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, lakhan Joshi, involved in Crime No. 194/2025, registered at Police Station : Mulmula District- Janjgir-Champa (C.G.) for the offence punishable under Sections 34(2) of the C.G. 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 4 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 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. After passing of the order, Mr Rahul Goswami, learned counsel appearing on behalf fo the applicant submits that his presence may be marked. 9. 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 Kunal