1 2025:CGHC:48977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6707 of 2025 Ghanaram S/o Chhedilal Nayak Aged About 52 Years R/o Lilesar, Outpost Bundeli, Ps Tendukona, Distt. Mahasamund, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Tendukona, Distt. Mahasamund, Chhattisgarh. ... Respondent For Applicant : Shri Virendra Kashyap, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.77/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.24 19:24:08 +0530 2 Tendukona, District Mahasamund, Chhattisgarh for the offence punishable under Section 34 (2) of Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 18.07.2025, while posted at Outpost Bundeli, Head Constable Indrajit Thakur, received information from an informer that a person was selling illegal liquor under a mango tree near Bedlihi Borilam village. Acting on this information, Constable along with staff reached the spot and apprehended the accused, later identified as Ghanaram Nayak. On search, 100 plastic pouches of Chidi brand country- made liquor, each pouch containing 200 ml (total 20 liters), manufactured in Orissa, were found in his possession. The seized liquor was valued at approximately Rs. 4,000/-. The seizure was made in the presence of independent witnesses and duly recorded through a panchnama. The accused failed to produce any license or valid document for the possession or sale of the liquor. The applicant was arrested on 18.07.2025 by Police Station-Police station Tendukona, Mahasamund, Chhattisgarh for the alleged offence punishable under Sections 34 (2) of Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 20 liters of Chidi brand country-made liquor, was not seized from the exclusive possession of the applicant. 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. He also submits that 3 charge sheet has been filed, the applicant is in jail since 18/07/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that 20 liters of Chidi brand country-made liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 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, he is in jail since 18/07/2025, the charge-sheet has been filed and further considering the fact that 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 and it is directed that the applicant - Ghanaram, involved in Crime Crime No.77/2025 registered at Police Station Tendukona, District Mahasamund, Chhattisgarh for the offence punishable under Section 34 (2) of Chhattisgarh Excise Act, be released on bail on his furnishing a 4 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 the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) 5 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri