1 2025:CGHC:47783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6616 of 2025 1 - Heeralal Mahilang S/o Narendra Mahilang Aged About 20 Years R/o Village Vatgan, Police Station Palari, District Balodabazar-Bhatapara (C.G.) 2 - Bheesham Lal Yadu S/o Taman Lal Yadu Aged About 20 Years R/o Village Vatgan, Police Station Palari, District Balodabazar-Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Palari, District Balodabazar-Bhatapara (C.G.) ... Non-Applicant(s) For Applicants : Mr. Yogesh Kumar Chandra, Advocate For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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. 257/2025 registered at Police Station- Palari, District- Balodabazar- Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 16.07.2025, as per secret KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information received from the informant and on the basis of said information, the police officials reached near conducted raid and have seized 28.44 bulk liters of country made liquor from the possession of the present applicants thereafter, the aforesaid offence has been registered against them. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that the present applicants are not in possession of any illicit liquor nor they had kept the same, the same was seized from open place. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicants have no previous criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and the applicants are in jail since 17.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicants are concerned, the applicant No.1 has one criminal antecedent under the IPC of the year 2018 and applicant No.2 has no criminal antecedent further the quantity of liquor seized from the possession of the applicants i.e. 28.44 bulk liters of country made liquor. Accordingly, the present applicants are not entitled for grant of bail. 3 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 applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedent of the applicants are concerned, the applicant No.1 has one criminal antecedent under the IPC of the year 2018 and the applicant No.2 has no criminal antecedent, further the quantity of liquor seized from the possession of the applicants i.e. 28.44 bulk liters of country made liquor and they are in jail since 17.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. 7. Let the applicants – Heerlal Mahilang and Bheesham Lal Yadu, involved in Crime No. 257/2025 registered at Police Station- Palari, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on their 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. 4 (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 misuses 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, (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 deliberated 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal