1 2025:CGHC:50485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6993 of 2025 • Sant Gayakwad S/o Netram Gayakwad Aged About 33 Years R/o Village Telasi, Police Station Gidhpuri, District Balodabazar- Bhatapara Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Palari, District Balodabazar-Bhatapara Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Yogesh Chandra, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 564/2024, registered at Police Station – Palari, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) and 36 of C.G. Excise Act 111 of BNS, 2023. 2. The case of the prosecution, is that the Police of Police Station – Palari, District – Balodabazar-Bhatapara (C.G.) has received a secret information through the informant and on the basis of such information the Police has seized a total 17.100 bulk liters of country VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.10 18:28:44 +0530 2 made liquor from the possession of other co-accused persons and on the basis of memorandum statement of the accused persons, present applicant has been implicated as accused by the police. Thereafter, the applicant has been arrested and the offence was registered against him. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is four criminal antecedents registered against the present applicant and all of those cases, applicant has been acquitted. It is further submitted that 17.100 bulk liters of country made liquor seized from the possession of other co-accused persons and on the basis of memorandum statement of the co-accused persons, present applicant has been implicated and charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 12.08.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is four criminal antecedents registered against the present applicant and all of those cases, applicant has been acquitted. The charge-sheet has been filed in this case. It is further submitted 17.100 bulk liters of country made liquor from the possession of other co-accused persons and on the basis of memorandum statement of the accused persons, present applicant was involved in crime in question, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and there is four criminal antecedents registered against the present applicant and all of those case, the applicant has been acquitted, 17.100 bulk liters of country made liquor from the possession of other co-accused persons and on the basis of memorandum statement of the accused persons, present applicant has been implicated charge-sheet has been filed against the applicant and he is in jail since 12.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sant Gayakwad, involved in Crime No.564/2024, registered at Police Station – Palari, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) and 36 of C.G. Excise Act 111 of BNS, 2023, 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:- (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. 4 (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) 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 vaishali